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Constitution 


ILLINOIS  STATE  LIBRARY 
SPRINGFIELD 


PAUL  POWELL 

Secretary  of  State  and  State  Librarian 


CONSTITUTION 


*4C 


OF  THE 


ate  of  Illinois 


Adopted  in  Convention  May  13,  1870; 
Ratified  by  the  People  July  2,  1870; 

In  Force  August  8,  1870. 


MENDED  IN  1878, 1880, 1884,  1886  HND  1890 


With  Annotations  by  Prof.  C.  W.  Tooke, 
H  of  the  University  of  Illinois. 


PRINTED  BY  ORDER  OF 

James  A.  Rose,  Secretary  of  State. 


W;  ~  - 


oocuMBffiJwrr 

HUKQIS  STAIE  UBRAW 


SPRINGFIELD: 

Phillips  Bros.,  State  Printers. 

_L  W  t  /  «  ' 


CONSTITUTION 


Adopted  in  Convention  May  13,  1870; 
Ratified  by  the  People  July  2, 1870; 

In  Force  August  8,  1870. 


AMENDED  IN  1878,  1880, 1884,  1886  AND  1890. 


With  Annotations  by  Prof.  C.  W.  looke, 
of  the  University  of  Illinois. 

DOCUMENTS  UNIT 
HIINniS  STATE  LIBRARY 


PRINTED  BY  ORDER  OF 

James  A.  Rose,  Secretary  of  State. 


ILLINOIS  STATs  URRAl?? 


2- 


SPRINGFIELD,  ILL.: 
Phillips  Bros.,  State  Printers, 


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CONTENTS. 


Historical  Sketch. 
Constitution  of  1818. 

Constitution  of  1848. 

Convention  of  1862. 

Constitution  of  1870. 

Preamble. 

Article  I.  Boundaries  of  the  State. 
“  II.  Bill  of  Rights. 

Ill-  Distribution  of  Powers. 

IV.  Legislative  Department. 

V.  Executive  Department. 

VI.  Judicial  Department. 


Article  VII.  Suffrage. 

“  VIII.  Education. 

IX.  Revenue. 

X.  Counties. 

XI.  Corporations. 

‘  ‘  XII.  Militia. 

“  XIII.  Warehouses. 

“  XIV.  Amendments— How  Proposed. 
Illinois  Central  Railroad. 
Illinois  and  Michigan  Canal. 
Schedule. 

Contract  Convict  Labor. 


Digitized  by  the  Internet  Archive- 
in  2018  with  funding  from 
University  of  Illinois  Urbana-Champaign 


https://archive.org/details/constitutionofst00illi_1 


THE  CONSTITUTIONS  OF  ILLINOIS. 


The  territory  now  included  within  the  State  of  Illinois  was  part  of 
the  “territory  of  the  United  States  northwest  of  the  river  Ohio,”  to 
which  the  well-known  ordinance  of  1787  applied.  The  State  of  Vir¬ 
ginia  by  the  act  of  the  General  Assembly  of  December  20,  1783,  and 
by  the  deed  of  cession  of  March  1,  1784,  had  previously  made  over 
to  the  United  States  all  her  right  and  title  to  the  soil  and  jurisdic¬ 
tion  of  this  section  (1) .  Upon  the  organization  of  the  LTnited  States 
of  America  under  the  constitution,  one  of  the  first  acts  of  Congress 
was  to  pass  a  law  to  provide  for  the  government  of  the  northwest  ter¬ 
ritory  (2).  On  July  4,  1800,  the  northwest  territory  was  divided, 
and  Indiana  territory  formed  of  that  part  which  lay  “westward  of  the 
line  beginning  at  the  Ohio,  opposite  the  mouth  of  the  Kentucky 
river,  and  running  thence  to  Fort  Recovery,  and  thence  north  until 
it  shall  intersect  the  territorial  line  between  the  United  States  and 
Canada’’  (3).  Illinois  territory  in  turn  was  formed  March  1,  1809, 
by  dividing  Indiana  territory;  the  new  government  to  include  all  that 
part  of  Indiana  territory  lying  west  of  the  Wabash  river  and  of  a 
direct  line  north  from  the  Wabash  and  Post  Vincennes  to  the  Cana¬ 
dian  line  (4).  Michigan  territory  had  already  been  separated  from 
Indiana  territory  by  the  Act  of  Congress  approved  January  11, 
1805  (5) . 

These  several  territorial  governments  which  successively  were 
formed  for  the  western  country  were  very  similar,  providing  for  rep¬ 
resentative  government  as  soon  as  the  population  would  warrant.  In 
each  case  it  was  further  provided  that  all  the  existing  laws  should 
continue  in  force  until  they  should  be  supplanted  by  other  laws  en¬ 
acted  by  the  competent  authorities.  The  first  legislative  body  of  the 
new  territory  of  Illinois  consisted  of  the  Governor  and  the  three 
judges  appointed  by  the  President.  This  body  met  June  16,  1809, 
and  passed  a  code  of  laws,  reenacting  most  of  the  laws  already  in 
force.  Upon  the  meeting  of  the  first  representative  assembly  a  simi¬ 
lar  omnibus  bill  was  passed,  December  13,  1812,  reenacting  all  the 
laws  passed  by  the  Indiana  legislature  and  by  the  Governor  and 
judges  of  Illinois  territory,  which  were  then  in  force. 


(1)  11  Henning’s  Virginia  Statutes-at-Large,  326,  571. 

(2)  August  7. 1789;  1  U.  S.  Statutes-at-Large,  50. 

(3)  2  U.  S.  Statutes-at-Large.  53;  Act  of  May  7.  1800. 

(4)  2  IT.  S.  Statutes-at-Large,  514;  Act  of  February  3.  1809. 

(5)  2  LT.  S.  Statutes-at-Large,  309. 


6 


THE  CONSTITUTION  OF  1818. 

At  the  January  session  of  the  territorial  legislature  in  1818,  the 
congressional  delegate,  Nathaniel  Pope,  was  directed  to  present  a  pe¬ 
tition  to  Congress  requesting  that  body  to  pass  a  law  to  enable  the 
people  to  form  a  state  government.  Accordingly  Congress,  by  the 
Act  of  April  18,  1818,  made  provision  for  the  calling  of  a  convention 
of  the  representatives  of  the  people  of  the  territory  to  form  for  them¬ 
selves  a  constitution  and  state  government,  fixing  the  northern 
boundary  of  the  proposed  state  at  42  30'  north  latitude  (1).  On 

August  third  of  the  same  year,  the  delegates,  elected  in  pursuance  of 
the  enabling  act,  met  at  Kaskaskia.  and  on  August  twenty-sixth 
adopted  a  constitution  for  the  State  (2) ,  which  became  operative  by 
the  admission  of  Illinois  as  the  twenty-first  state  of  the  Union, 
December  3,  1818. 

The  constitution  of  1818  was  a  comparatively  brief  document,  its 
main  provisions  being  taken  from  the  existing  constitutions  of  Ken¬ 
tucky,  Ohio,  New  York  and  Indiana.  The  three  departments  of  the 
government  were  differentiated,  but  the  executive  power  was  made 
comparatively  weak.  The  legislature  was  invested  with  an  extensive 
appointing  power,  which  was  an  extremely  important  function,  since 
the  only  officers  to  be  elected  by  the  people  were  the  governor,  lieu¬ 
tenant  governor,  sheriff,  coroner  and  county  commissioners.  Nearly 
all  the  other  State  officers  down  to  1848  were  appointed  by  the  legis¬ 
lature,  either  directly,  or  indirectly  through  the  delegation  of  its 
authority  to  the  governor  or  to  the  people  of  the  several  counties. 
The  executive  was  also  weakened  by  the  fact  that  in  place  of  the 
power  of  veto,  the  governor  and  judges  of  the  Supreme  Court  were 
constituted  a  council  of  revision  with  authority  to  pass  on  the  valid¬ 
ity  of  legislation.  If  this  board  disapproved  of  any  act,  they  returned 
it  to  the  legislature  for  reconsideration,  and  a  majority  of  all  the 
members  elected  was  then  required  to  pass  it  over  their  objection. 

Of  local  government  under  the  constitution  of  1818,  the  county 
was  the  unit,  but  with  the  exception  of  the  sheriff,  coroner  and  county 
commissioners,  all  officers  whose  jurisdiction  was  confined  within  the 
count}'  were  to  be  appointed  in  such  manner  as  the  General  Assembly 
might  propose.  The  development  of  the  sentiment  of  local  self-gov¬ 
ernment  gradually  compelled  the  Legislature  to  delegate  a  part  of 
the  appointing  power  to  the  people.  By  an  Act  of  December  12, 
1826,  justices  of  the  peace  and  constables  wTere  made  elective,  and  by 
an  Act  of  March  4.  1837,  the  appointment  of  probate  justices  of  the 
peace  was  likewise  made  dependent  upon  the  suffrages  of  the  people 
(3) .  The  constitution  itself  had  never  been  submitted  to  the  people 
for  ratification,  and  the  only  evidence  of  a  wide  trust  in  popular  gov¬ 
ernment  shown  by  that  instrument  was  in  the  suffrage  clause,  which 
extended  the  franchise  to  all  white  male  inhabitants  above  the  age 
of  twenty-one  who  had  lived  in  the  State  six  months.  All  votes  were 


(1)  3  U.  S.  Statutes-at-Large,  428. 

(2)  L.  1819.  App..  p.  1. 

(3)  Laws  of  1827,  p.  255;  Laws  of  1837,  p.  176. 


7 


to  be  given  viva  voce ,  until  changed  by  the  General  Assembly,  and 
this  method  was  the  usual  method  of  voting  down  to  the  constitution 
of  1848,  which  provided  that  all  voting  should  be  by  ballot. 

THE  CONSTITUTION  OF  1848. 

The  constitution  of  1818  had  provided  that  the  General  Assembly 
by  a  two-thirds  vote  might  submit  from  time  to  time  the  question  of 
calling  a  convention  to  alter  or  amend  the  fundamental  laws.  Pur¬ 
suant  to  this  provision,  the  proposition  was  submitted  to  the  voters 
in  1824  and  again  in  1842,  but  met  defeat  each  time  at  the  hands  of 
the  people.  The  General  Assembly  of  1844-5  submitted  another  call 
to  be  voted  on  in  1846,  at  which  time  the  proposition  was  carried, 
and  the  convention  elected  April  19,  1847.  assembled  at  Springfield, 
June  7,  1847.  The  constitution  drafted  by  this  convention  was 
adopted  by  it  August  31,  1847;  ratified  by  a  vote  of  the  people  March 
6,  1848,  and  went  into  effect  on  the  first  day  of  April  of  that  year  (1). 

The  new  constitution  marked  a  great  advance  in  political  organi¬ 
zation,  an  advance  made  necessary  by  the  progress  of  the  State  since 
1818.  Since  1818  the  drift  throughout  the  whole  country  had  been 
toward  popular  government,  and  the  most  marked  change  is  to  be 
found  in  the  curtailment  of  the  powers  of  the  Legislature,  extending 
the  election  of  subordinate  officers  to  the  people,  and  vesting  in  the 
Governor  alone  a  qualified  veto  similar  to  that  previously  given  to 
the  Governor  and  the  judges  of  the  Supreme  Court.  Further,  the 
powers  of  the  Legislature  were  limited  by  requiring  general  laws  for 
divorces;  by  forbidding  the  granting  of  extra  compensation  to  offi¬ 
cers  or  agents  of  the  State,  the  authorization  of  any  lotteries,  the 
revising  or  extending  of  the  charter  of  any  state  bank;  and  by  restrict¬ 
ing  the  indebtedness  of  the  State  thereafter  to  be  incurred  to  fifty 
thousand  dollars.  In  pursuance  of  the  general  desire  for  retrench¬ 
ment  in  the  State  administration,  an  attempt  was  made  to  limit  the 
session  of  the  Legislature  to  forty-two  days  by  providing  that  the 
members  should  receive  a  compensation  of  two  dollars  per  day  for 
that  length  of  time,  after  which  but  one  dollar  a  day  was  to  be  allowed 
for  attendance.  The  General  Assembly  was  further  precluded  from 
giving  the  credit  of  the  State  in  any  manner  in  aid  of  any  individual, 
association,  or  corporation,  a  provision  whioh  threw  over  upon  the 
municipalities  of  the  State  the  burden  of  assisting  the  great  works 
of  internal  improvement  from  1848  to  1870. 

Indeed  the  constitution  of  1848  is  remarkable  for  the  extensive 
powers  entrusted  to  the  people,  both  in  the  election  of  officers  and 
in  the  decision  of  important  matters  left  to  the  inhabitants  of  the 
localities.  The  suffrage  was  limited  to  white  male  citizens,  and  the 
residence  qualification  was  extended  to  one  year.  The  county  still 
remained  the  unit  of  local  government,  but  the  General  Assembly 
was  given  the  power  to  provide  by  general  law  for  township  organi- 


(1)  L.  1849,  p.  3;  Owens  v.  McKethe,  10  Ill.,  79. 


8 


zation  which  could  be  adopted  by  any  county  upon  the  vote  of  a  ma¬ 
jority  of  the  electors  thereof  at  a  general  election.  No  county  was 
to  be  divided,  nor  territory  added  thereto,  nor  the  county  seat  changed 
except  by  a  vote  of  a  majority  of  the  electors  of  the  county  to  be 
affected.  The  corporate  authorities  of  counties,  townships,  school 
districts,  cities,  towns  and  villages  might  be  invested  with  the  power 
to  assess  and  collect  taxes  for  corporate  purposes,  such  taxes  to  be 
uniform  with  respect  to  persons  and  property  within  the  jurisdiction 
of  the  body  imposing  the  same. 

,  On  the  question  of  banking  corporations,  wdiich  was  of  great  mo¬ 
ment  at  that  time  in  all  the  northern  states,  the  constitution  provided 
that  no  state  bank  should  thereafter  be  created  nor  the  State  own  or 
be  liable  for  any  stock  in  any  corporation  or  joint  stock  association 
for  banking  purposes,  to  be  thereafter  created.  No  act  of  the  Gen¬ 
eral  Assembly  authorizing  a  corporation  with  banking  powers  was  to 
go  into  effect,  unless  approved  by  the  people  at  the  general  election 
next  succeeding  the  passage  of  the  same. 

CONVENTION  OF  1862. 

The  third  constitutional  convention  of  Illinois  met  January  7, 1862, 
and  finally  adjourned  March  24  of  that  year.  The  proposed  consti¬ 
tution  was  rejected  by  a  vote  of  the  people,  June  17,  1862,  the  popu¬ 
lar  majority  against  adoption  being  over  16,000.  The  convention 
gave  most  of  its  consideration  to  an  investigation  of  the  several 
branches  of  the  State  government,  and  to  a  redrafting  of  the  existing 
articles  on  banking  corporations,  judicial  organization,  and  the  pow¬ 
ers  of  the  legislature.  While  the  undue  powers  assumed  by  the 
convention  of  1862  have  been  justly  criticised,  many  of  its  proposals 
were  subsequently  incorporated  into  the  constitution  of  1870.  In¬ 
deed,  had  it  not  been  for  the  indiscretion  of  some  of  the  members 
and  the  impression  circulated  of  their  disloyalty,  the  constitution 
would  probably  have  been  adopted  by  the  State.  As  it  was,  the  con¬ 
vention  served  to  impress  upon  the  people  the  need  of  reform  in 
judicial  organization  and  legislative  powers,  and  to  ensure  a  high 
standard  of  ability  in  the  membership  of  the  next  convention. 

CONSTITUTION  OF  1870. 

On  the  present  constitution  of  the  State  little  comment  is  neces¬ 
sary.  The  grave  abuses  of  the  power  of  special  legislation  and  the 
extravagance  of  municipalities  in  giving  aid  to  enterprises  of  internal 
improvement  led  Illinois  to  follow  the  example  of  sister  states  where 
similar  conditions  had  prevailed  and  seek  a  remedy  in  a  reform  of 
the  fundamental  law.  All  in  all,  the  document  well  deserves  the 
praise  that  has  been  accorded  it,  and  serves  yet  as  one  of  the  best 
models  of  a  state  constitution.  The  convention  wdiich  drafted  this 
constitution  met  in  Springfield,  December  13,  1869,  and  completed 
its  labors  on  May  13,  1870.  The  constitution  was  ratified  by  the 
vote  of  the  people  July  2,  1870,  and  v’ent  into  force  August  8,  1870. 


9 


The  brief  notes  that  have  been  attached  to  the  several  sections  of 
the  constitution  herein  have  been  selected  with  a  view  to  their  help¬ 
fulness  to  the  general  reader.  The  cases  cited  by  title  and  page 
without  an  explanatory  note  are  those  in  which  the  Supreme  Court 
of  the  State  has  passed  upon  the  several  sections  of  the  constitution 
subsequent  to  volume  160  of  the  reports.  It  is  presumed  that  all 
who  will  have  occasion  to  use  this  edition  for  reference  will  have  at 
hand  Starr  and  Curtis’s  “Revised  Statutes  of  Illinois.”  the  last  edition 
of  which  brings  the  annotations  down  to  volume  161  of  the  reports. 
Thus  by  the  use  of  that  edition  in  connection  with  the  citations 
herein,  one  may  have  for  reference  control  of  all  the  cases  construing 
the  constitution  down  to  volume  179  of  the  reports. 


10 


CONSTITUTION  OF  THE  STATE  OF  ILLINOIS 


Adopted  in  Convention  at  Springfield.  May  13,  A.  D.  1870. 


Ratified  by  the  People  July  2.  1870;  in  force  August  8,  1870; 
amended  in  1878.  1880,  1884.  1886  and  1890. 


PREAMBLE 

We,  the  People  of  the  State  of  Illinois — grateful  to  Almighty  God 
for  the  civil,  political  and  religious  liberty  which  he  hath  so  long 
permitted  us  to  enjoy,  and  looking  to  him  for  a  blessing  upon  our  v 
endeavors  to  secure  and  transmit  the  same  unimpaired  to  succeeding 
generations— in  order  to  form  a  more  perfect  government,  establish 
justice,  insure  domestic  tranquility,  provide  for  the  common  defense, 
promote  the  general  welfare,  and  secure  the  blessing  of  liberty  to 
ourselves  and  our  posterity,  do  ordain  and  establish  this  Constitution 
for  the  State  of  Illinois. 


ARTICLE  I. 

BOUNDARIES. 

The  boundaries  and  jurisdiction  of  the  State  shall  be  as  follows, 
to-wit:  Beginning  at  the  mouth  of  the  Wabash  river:  thence  up 
the  same,  and  with  the  line  of  Indiana  to  the  north  west  corner  of 
said  State;  thence  east,  with  the  line  of  the  same  State,  to  the  mid¬ 
dle  of  Lake  Michigan:  thence  north  along  the  middle  of  said  lake  to 
north  latitude  forty-two  degrees  and  thirty  minutes,  thence  west  to 
the  middle  of  the  Mississippi  river,  and  thence  down  along  the  mid¬ 
dle  of  that  river  to  its  confluence  with  the  Ohio  river,  and  thence  up 


11 


the  latter  river  along  its  northwestern  shore  to  the  place  of  begin¬ 
ning:  Provided ,  that  this  State  shall  exercise  such  jurisdiction  up¬ 
on  the  Ohio  river  as  she  is  now  entitled  to,  or  such  as  may  hereafter 
be  agreed  upon  by  this  State  and  the  State  of  Kentucky.  (1 ) 


ARTICLE.  II. 


BILL  OP  RIGHTS. 


4  1.  Inherent  and  Inalienable  Rights. 

|  2.  Due  Process  of  Law. 

I  3.  Liberty  of  Conscience  Guaranteed. 

%  4.  Freedom  of  Speech— Libel. 

4  5.  Right  of  Trial  by  Jury. 

4  6.  Unreasonable  Searches  and  Seizures. 

4  7.  Bail  Allowed— Writ  of  Habeas  Corpus. 
4  8.  Indictment  Required— Grand  Jury. 

I  9.  Rights  of  Persons  Accused  of  Crime. 

4  10.  Self-Crimination— Acquittal. 

4  11.  Penalties  no  Corruption  of  Blood  or 
Forfeiture  of  Estate. 


4  12.  Imprisonment  for  Debt. 

4  13.  Compensation  for  Property  Taken. 

4  14.  Ex  Post  Facto  Laws— Contracts— Irre¬ 
vocable  Grants. 

4  15.  Military  Subordinate  to  Civil  Power. 

4  16.  Quartering  of  Soldiers. 

4  17.  Right  of  Assembly  and  Petition. 

4  18.  Elections  to  be  Free  and  Equal. 

4  19.  Protection  of  the  Law. 

4  20.  Fundamental  Principles. 


Section  1.  All  men  are  by  nature  free  and  independent,  and  have 
certain  inherent  and  inalienable  rights — among  these  are  life,  liberty 
and  the  pursuit  of  happiness.  To  secure  these  rights  and  the  pro¬ 
tection  of  property,  governments  are  instituted  among  men,  deriving 
their  just  powers  from  the  consent  of  the  governed. 

§  2.  No  person  shall  be  deprived  of  life,  liberty  or  property  with¬ 
out  due  process  of  law. 


[Eden  v.  The  People,  161  Ill.  296;  Meadowcroft  v.  The  People,  163  Ill.  56; 
The  People  v.  Hill,  163  Ill.  186;  Bobel  v.  The  People  173  Ill.  19;  Brown  v. 
The  People,  173  Ill.  34;  Cicero  Lumber  Co.  v.  Town  of  Cicero,  176  Ill,  9;  The 
People  v.  Simon,  176  Ill.  165;  The  People  v.  Commissioners  of  Cook  Countv, 
176  Ill.  576.] 

§  3.  The  free  exercise  and  enjoyment  of  religious  profession  and 
worship,  without  discrimination,  shall  forever  be  guaranteed;  and  no 
person  shall  be  denied  any  civil  or  political  right,  privilege  or  capac¬ 
ity  on  account  of  his  religious  opinions;  but  the  liberty  of  conscience 
hereby  secured  shall  not  be  construed  to  dispense  with  oaths  or 
affirmations,  excuse  acts  of  licentiousness,  or  justify  practices  incon¬ 
sistent  with  the  peace  or  safety  of  the  State.  No  person  shall  be  re¬ 
quired  to  attend  or  support  any  ministry  or  place  of  worship  against 
his  consent,  nor  shall  any  preference  be  given  by  law  to  any  religious 
denomination  or  mode  of  worship. 

§  4.  Every  person  may  freely  speak,  write  and  publish  on  all 
subjects,  being  responsible  for  the  abuse  of  that  liberty;  and  in  all 
trials  for  libel,  both  civil  and  criminal,  the  truth,  when  published 
with  good  motives  and  for  justifiable  ends,  shall  be  a  sufficient  defense. 

§  5.  The  right  of  trial  by  jury,  as  heretofore  enjoyed,  shall  remain 
inviolate;  but  the  trial  of  civil  cases  before  justices  of  the  peace,  by 
a  jury  of  less  than  twelve  men,  may  be  authorized  by  law. 

[Borgv.  C.  R.  I.  &  P.  Ry.  Co.,  162111.  348;  The  People  v.  Hill,  163111.186; 
Evarts  v.  Lawthar,  165  Ill.  487;  George  v.  The  People,  167  Ill.  447;  City  of 
Spring  Valley  v.  Coal  Co.,  173  Ill.  497.] 

(1.)  The  true  line  of  boundary  between  Illinois  and  Iowa  is  the  middle  of  the  main  nav¬ 
igable  channel.  Illinois  v.  Iowa,  J 47  U.  S.  1. 

Illinois  cases  cited  and  affirmed  in  Keokuk  Bridge  Co.  v.  The  People,  176  Ill.  267. 


12 


§  6.  The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers  and  effects  against  unreasonable  searches  and  seizures,  shall 
not  be  violated;  and  no  warrant  shall  issue  without  probable  cause, 
supported  by  affidavit,  particularly  describing  the  place  to  be 
searched,  and  the  persons  or  things  to  be  seized. 

[Lippman  v.  The  People,  175  Ill.  101.] 

§  7.  All  persons  shall  be  bailable  by  sufficient  sureties,  except 
for  capital  offenses,  where  the  proof  is  evident  or  the  presumption 
great;  and  the  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended,  unless  when  in  cases  of  rebellion  or  invasion  the  public 
safety  may  require  it. 

§  8.  No  person  shall  be  held  to  answer  for  a  criminal  offense, 
unless  on  indictment  of  a  grand  jury,  except  in  cases  in  which  the 
punishment  is  by  tine,  or  imprisonment  otherwise  than  in  the  peni¬ 
tentiary,  in  cases  of  impeachment,  and  in  cases  arising  in  the  army 
and  navy,  or  in  the  militia,  when  in  actual  service  in  time  of  war  or 
public  danger:  Provided,  that  the  grand  jury  may  be  abolished  by 
law  in  all  cases. 

§  9.  In  all  criminal  prosecutions  the  accused  shall  have  the  right 
to  appear  and  defend  in  person  and  by  counsel;  to  demand  the  nature 
and  cause  of  the  accusation,  and  to  have  a  copy  thereof;  to  meet  the 
witnesses  face  to  face,  and  to  have  process  to  compel  the  attendance 
of  witnesses  in  his  behalf,  and  a  speedy  public  trial  by  an  impartial 
jury  of  the  county  or  district  in  which  the  offense  is  alleged  to  have 
been  committed. 

[Borg  v.  C.,  R.  I.  &  P.  Ry.  Co.,  162  III.,  348;' The  People  v.  Hill,  163  Ill., 
186;  Evarts  v.  Lawtkar,  165  Ill.,  487;  George  v.  The  People,  167  Ill.,  447; 
City  of  Spring  Valley  v.  Coal  Co.,  173  Ill.,  497.] 

§  10.  No  person  shall  be  compelled  in  any  criminal  case  to  give 
evidence  against  himself,  or  be  twice  put  in  jeopardy  for  the  same 
offense. 

§  11.  All  penalties  shall  be  proportioned  to  the  nature  of  the 
offense  ;  and  no  conviction  shall  work  corruption  of  blood  or  forfeiture 
of  estate;  nor  shall  any  person  be  transported  out  of  the  State  for 
any  offense  committed  within  the  same. 

§  12.  No  person  shall  be  imprisoned  for  debt,  unless  upon  refusal 
to  deliver  up  his  estate  for  the  benefit  of  his  creditors,  in  such  manner 
as  shall  be  prescribed  by  law;  or  in  cases  where  there  is  strong  pre¬ 
sumption  of  fraud. 

§  13.  Private  property  shall  not  be  taken  or  damaged  for  public 
use  without  just  compensation.  Such  compensation,  when  not  made 
by  the  State,  shall  be  ascertained  by  a  jury,  as  shall  be  prescribed 
by  law.  The  fee  of  land  taken  for  railroad  tracks,  without  consent 
of  the  owners  thereof,  shall  remain  in  such  owners,  subject  to  the 
use  for  which  it  is  taken. 


13 


§  14.  No  ex  post  facto  law,  or  law  impairing  the  obligation  of 
contracts,  or  making  any  irrevocable  grant  of  special  privileges  or 
immunities,  shall  be  passed. 

[Sanitary  Dist.  v.  Bernstein,  175  III.,  215-,  B.  &  0.  S-W.  Ry.  Co.  v.  Tripp, 
175  Ill.,  251.] 


§  15.  The  military  shall  be  in  strict  subordination  to  the  civil 
power. 

§  16.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner;  nor  in  time  of  war  except  in  the 
manner  prescribed  by  law. 

§  17.  The  people  have  the  right  to  assemble  in  a  peaceable  man¬ 
ner  to  consult  for  the  common  good,  to  make  known  their  opinions 
to  their  representatives,  and  to  apply  for  redress  of  grievances. 

§  18.  All  elections  shall  be  free  and  equal. 

§  19.  Every  person  ought  to  find  a  certain  remedy  in  the  laws  for 
all  injuries  and  wrongs  which  he  may  receive  in  his  person,  property, 
or  reputation;  he  ought  to  obtain  by  law,  right  and  justice  freely,  and 
without  being  obliged  to  purchase  it,  completely  and  without  denial, 
promptly  and  without  delay. 

§  20.  A  frequent  recurrence  to  the  fundamental  principles  of 
civil  government  is  absolutely  necessary  to  preserve  the  blessings  of 
liberty. 


ARTICLE  III. 


DISTRIBUTION  OF  POWERS. 

The  powers  of  the  government  of  this  State  are  divided  into  three 
distinct  departments —the  Legislative,  Executive  and  Judicial;  and 
no  person,  or  collection  of  persons,  being  one  of  these  departments, 
shall  exercise  any  power  properly  belonging  to  either  of  the  others, 
except  as  hereinafter  expressly  directed  or  permitted. 


ARTICLE  IV. 

LEGISLATIVE  DEPARTMENT. 


£  1.  General  Assembly. 

£  2.  Elections— Vacancies. 

£  3.  Who  are  Eligible. 

£  4.  Disqualification  by  Crime. 

I  5.  Oath  of  Officers. 

£  6.  Senatorial  Apportionment. 

£  7  and  8.  Representatives— (Inoperative.) 
£  7  and  8.  Minority  Representation. 

£  9.  Time  of  Meeting— General  Rules. 

£  10.  Open  Sessions  —  Adjournments— Jour¬ 
nals— Protests. 

£  11.  Style  of  Laws. 

£  12.  Origin  and  Passage  of  Bills. 

£  13.  Reading  —  Printing  —  Title  —  Amend¬ 
ments. 

£  14.  Privileges  of  Members. 

£  15.  Disabilities  of  Members. 

£  16.  Appropriations. 


£  17.  Payment  of  Money— Statement  of  Ex 
penses. 

£  18.  Ordinary  Expenses— Casual  Deficits— 
Appropriations  Limited. 

£  19.  Extra  Compensation  or  allowance. 

£  20.  Public  Credit  not  Loaned. 

£  21.  Pay  and  Mileage  of  Members. 

£  22.  Special  Legislation  Prohibited. 

£  23.  Against  Release  from  Liability. 

£  24.  Proceedings  on  Impeachment. 

£  25.  Fuel,  Stationery,  and  Printing. 

£  26.  State  not  to  be  Sued. 

£  27.  Lotteries  and  Gift,  Enterprises. 

£  28.  Terms  of  Office  not  Extended. 

£  29.  Protection  of  Miners. 

$  30.  Concerning  Roads— Public  and  Private. 
£  31.  Draining  and  Ditching. 

£  32.  Homestead  and  Exemption  Laws. 

£  33.  Completion  of  the  State  House. 


14 


§  1.  The  legislative  power  shall  be  vested  in  a  general  assembly, 
which  shall  consist  of  a  senate  and  house  of  representatives,  both  to 
be  elected  by  the  people. 

[The  People  v.  Kirk,  162  III.,  139;  The  People  v.  Kipley,  171  Ill.,  44;  City 
of  Danville  v.  Danville  Water  Co.,  178  Ill.,  299.] 

ELECTION. 

§  2.  An  election  for  members  of  the  general  assembly  shall  be 
held  on  the  Tuesday  next  after  the  first  Monday  in  November,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  seventy,  and  every 
two  years  thereafter,  in  each  county,  at  such  places  therein  as  may 
be  provided  by  law.  When  vacancies  occur  in  either  house,  the  gov¬ 
ernor,  or  person  exercising  the  powers  of  governor,  shall  issue  writs 
of  election  to  fill  such  vacancies. 

ELIGIBILITY  AND  OATH. 

§  3.  No  person  shall  be  a  senator  vdio  shall  not  have  attained 
the  age  of  twenty-five  years,  or  a  representative  who  shall  not  have 
attained  the  age  of  twenty-one  years.  No  person  shall  be  a  senator 
or  a  representative  who  shall  not  be  a  citizen  of  the  LTnited  States 
and*  who  shall  not  have  been  for  five  years  a  resident  of  this  State, 
and  for  two  years  next  preceding  his  election  a  resident  within  the 
territory  forming  the  district  from  which  he  is  elected.  No  judge  or 
clerk  of  any  court,  secretary  of  state,  attorney  general,  state’s 
attorney,  recorder,  sheriff,  or  collector  of  public  revenue,  members 
of  either  house  of  congress,  or  persons  holding  any  lucrative  office 
under  the  United  States  or  this  State,  or  any  foreign  government, 
shall  have  a  seat  in  the  general  assembly:  Provided,  that  appoint¬ 
ments  in  the  militia,  and  the  offices  of  notary  public  and  justice  of 
the  peace,  shall  not  be  considered  lucrative.  Nor  shall  any  person 
holding  any  office  of  honor  or  profit  under  any  foreign  government, 
or  under  the  government  of  the  United  States,  (except  postmasters 
whose  annual  compensation  does  not  exceed  the  sum  of  three  hun¬ 
dred  dollars)  hold  any  office  of  honor  or  profit  under  the  authority 
of  this  State. 

§  4.  No  person  who  has  been,  or  hereafter  shall  be  convicted  of 
bribery,  perjury  or  other  infamous  crime,  nor  any  person  who  has 
been  or  may  be  a  collector  or  holder  of  public  moneys,  who  shall  not 
have  accounted  for  and  paid  over,  according  to  law,  all  such 
moneys  due  from  him,  shall  be  eligible  to  the  general  assembly,  or 
to  any  office  of  profit  or  trust  in  this  State. 

§  5.  Members  of  the  general  assembly,  before  they  enter  upon 
their  official  duties,  shall  take  and  subscribe  the  following  oath  or 
affirmation: 

“I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  constitution  of  the  United  States 
and  the  constitution  of  the  State  of  Illinois,  and  will  faithfully  discharge  the  duties  of  sen¬ 
ator  (or  representative)  according  to  the  best  of  my  ability;  and  that  I  have  not  knowingly 
or  intentionally  paid  or  contributed  anything,  or  made  any  promise  in  the  nature  of  a  bribe 
to  directly  or  indirectly  influence  any  vote  at  the  election  at  which  I  was  chosen  to  fill  th& 


15 


said  office,  and  have  not  accepted,  nor  will  1  accept  or  receive,  directly  or  indirectly,  any 
money  or  other  valuable  thing:  from  any  corporation,  company  or  person  for  any  vote  or 
influence  I  may  gfive  or  withhold  on  any  bill,  resolution  or  appropriation,  or  for  ony  other 
official  act.” 

This  oath  shall  be  administered  by  a  judge  of  the  supreme  or  cir¬ 
cuit  court  in  the  hall  of  the  house  to  which  the  member  is  elected, 
and  the  secretary  of  state  shall  record  and  file  the  oath  subscribed 
by  each  member.  Any  member  who  shall  refuse  to  take  the  oath 
herein  prescribed  shall  forfeit  his  office,  and  every  member  wdio 
shall  be  convicted  of  having  sworn  falsely  to,  or  of  violating,  his 
said  oath,  shall  forfeit  his  office  and  be  disqualified  thereafter  from 
holding  any  office  of  profit  or  trust  in  this  State. 

APPORTIONMENT — SENATORIAL. 

§  6.  The  general  assembly  shall  apportion  the  State  every  ten 
years,  beginning  with  the  year  one  thousand  eight  hundred  and 
seventy-one,  by  dividing  the  population  of  the  State,  as  ascertained 
by  the  federal  census,  by  the  number  fifty-one,  and  the  quotient 
shall  be  the  ratio  of  representation  in  the  senate.  The  State  shall 
be  divided  into  fiftv-one  senatorial  districts,  each  of  which  shall 
elect  one  senator,  whose  term  of  office  shall  be  four  years.  The  sen¬ 
ators  elected  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  seventy-two,  in  districts  bearing  odd  numbers,  shall  vacate  their 
offices  at  the  end  of  two  years,  and  those  elected  in  districts  bearing 
even  numbers  at  the  end  of  four  years,  and  vacancies  occuring  by 
the  expiration  of  term  shall  be  filled  by  the  election  of  senators  for 
the  full  term.  Senatorial  districts  shall  be  formed  of  contiguous  and 
compact  territory,  bounded  by  county  lines,  and  contain  as  near  as 
practicable  an  equal  number  of  inhabitants;  but  no  district  shall 
contain  less  than  four- fifths  of  the  senatorial  ratio.  Counties  con¬ 
taining  not  less  than  the  ratio  and  three-fourths  may  be  divided  into 
separate  districts,  and  shall  be  entitled  to  two  senators,  and  to  one 
additional  senator  for  each  number  of  inhabitants  equal  to  the  ratio 
contained  by  such  counties  in  excess  of  twice  the  number  of  said 
ratio. 

[The  People  v.  Hitckinson,172  Ill.  486;  Lippman  v.  The  People,  175111. 101.] 

REPRESENTATIVES. 

§  7.  The  population  of  the  State,  as  ascertained  by  the  federal 
census,  shall  be  divided  by  the  number  one  hundred  and  fifty-three, 
and  the  quotient  shall  be  the  ratio  of  representation  in  the  house  of 
representatives.  Every  county  or  district  shall  be  entitled  to  one 
representative,  when  its  population  is  three-fifths  of  the  ratio;  if  any 
county  has  less  than  three-fifths  of  the  ratio,  it  shall  be  attached  to 
the  adjoining  county  having  the  least  population,  to  which  no  other 
county  has,  for  the  same  reason,  been  attached,  and  the  two  shall 
constitute  a  separate  district.  Every  county  or  district  having  a 
population  not  less  than  the  ratio  and  three-fifths,  shall  be  entitled 
to  two  representatives,  and  for  each  additional  number  of  inhabitants, 
equal  to  the  ratio,  one  representative.  Counties  having  over  two 


16 


hundred  thousand  inhabitants,  may  be  divided  into  districts,  each  en¬ 
titled  to  not  less  than  three  nor  more  than  five  representatives. 
After  the  year  one  thousand  eight  hundred  and  eighty,  the  whole 
population  shall  be  divided  by  the  number  one  hundred  and  fifty- 
nine,  and  the  quotient  shall  be  the  ratio  of  representation  in  the 
house  of  representatives  for  the  ensuing  ten  years,  and  six  addition¬ 
al  representatives  shall  be  added  for  every  five  hundred  thousand  in¬ 
crease  of  population  at  each  decennial  census  thereafter,  and  be 
apportioned  in  the  same  manner  as  above  provided. 

§  8.  When  a  county  or  district  shall  have  a  fraction  of  popula¬ 
tion  above  what  shall  entitle  it  to  one  representative,  or  more,  ac¬ 
cording  to  the  provisions  of  the  foregoing  section,  amounting  to  one- 
fifth  of  the  ratio,  it  shall  be  entitled  to  one  additional  representative 
in  the  fifth  term  of  each  decennial  period;  when  such  fraction  is 
two-fifths  of  the  ratio,  it  shall  be  entitled  to  an  additional  represen¬ 
tative  in  the  fourth  and  fifth  terms  of  said  period;  when  the  fraction 
is  three  fifths  of  the  ratio,  it  shall  be  entitled  to  an  additional  repre¬ 
sentative  in  the  first,  second  and  third  terms,  respectively;  when  a 
fraction  is  four-fifths  of  the  ratio,  it  shall  be  entitled  to  an  additional 
representative  in  the  first,  second,  third  and  fourth  terms,  respect¬ 
ively. 

Note.— By  the  adoption  of  minority  representation.  7  and  8  of  this  article.  above  set 
forth,  cease  to  be  a  part  of  the  constitution.  Under  §  12  of  the  schedule,  and  the  vote  of 
adoption,  the  following  section  relating  to  minority  representation  is  substituted  for  said 
sections: 


MINORITY  REPRESENTATION.  (1) 

§§  7  and  8.  The  house  of  representatives  shall  consist  of  three 
times  the  number  of  the  members  of  the  senate,  and  the  term  of 
office  shall  be  two  years.  Three  representatives  shall  be  elected  in 
each  senatorial  district  at  the  general  election  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  seventy-two,  and  every  two 
years  thereafter.  In  all  elections  of  representatives  aforesaid,  each 
qualified  voter  may  cast  as  many  votes  for  one  candidate  as  there 
are  representatives  to  be  elected,  or  may  distribute  the  same,  or  equal 
parts  thereof,  among  the  candidates,  as  he  shall  see  fit;  and  the  can¬ 
didates  highest  in  votes  shall  be  declared  elected, 

TIME  OF  MEETING  AND  GENERAL  RULES. 

§  9.  The  sessions  of  the  general  assembly  shall  commence  at 
twelve  o’clock  noon,  on  the  Wednesday  next  after  the  first  Monday 
in  January,  in  the  year  next  ensuing  the  election  of  members  there¬ 
of,  and  at  no  other  time,  unless  as  provided  by  this  constitution.  A 
majority  of  the  members  elected  to  each  house  shall  constitute  a 
quorum.  Each  house  shall  determine  the  rules  of  its  proceedings, 
and  be  the  judge  of  the  election,  returns  and  qualifications  of  its 
members;  shall  choose  its  own  officers;  and  the  senate  shall  choose  a 

(1)  The  provision  for  minority  representation  in  the  election  of  members  of  the  house 
of  representatives  was  introduced  in  the  convention  of  1870  and  championed  by  the  late  Jos¬ 
eph  Medill  of  Chicago.  Mr.  Medill’s  real  purpose  in  advocating  this  measure,  as  set  forth  in 
a  letter  to  the  writer  shortly  before  his  death,  was  to  destroy  the  sectional  feeling  that  then 
prevailed  in  the  State,  a  purpose  that  this  method  has  well  attained. 


17 


temporary  president  to  preside  when  the  lieutenant  governor  shall 
not  attend  as  president,  or  shall  act  as  governor.  The  secretary  of 
state  shall  call  the  house  of  representatives  to  order  at  the  opening 
of  each  new  assembly,  and  preside  over  it  until  a  temporary  presid¬ 
ing  officer  thereof  shall  have  been  chosen  and  shall  have  taken  his 
seat.  No  member  shall  be  expelled  by  either  house, except  by  a  vote 
of  two-thirds  of  all  the  members  elected  to  that  house,  and  no  mem¬ 
ber  shall  be  twice  expelled  for  the  same  offense.  Each  house  may 
punish  by  imprisonment  any  person  not  a  member  who  shall  be  guilty 
of  disrespect  to  the  house  by  disorderly  or  contemptuous  behavior  in 
its  presence.  But  no  such  imprisonment  shall  extend  beyond  twenty- 
four  hours  at  one  time,  unless  the  person  shall  persist  in  such  dis¬ 
orderly  or  contemptuous  behavior. 

§  10.  The  door  of  each  house  and  or  committees  of  the  whole 
shall  be  kept  open,  except  in  such  cases  as,  in  the  opinion  of  the 
house,  require  secrecy.  Neither  house  shall,  without  the  consent  of 
the  other,  adjourn  for  more  than  two  days,  or  to  any  other  place  than 
that  in  which  the  two  houses  shall  be  sitting.  Each  house  shall  keep 
a  journal  of  its  proceedings,  which  shall  be  published.  In  the  sen¬ 
ate,  at  the  request  of  two  members,  and  in  the  house,  at  the  request 
of  five  members,  the  yeas  and  nays  shall  be  taken  on  any  question, 
and  entered  upon  the  journal.  Any  two  members  of  either  house 
shall  have  liberty  to  dissent  from  and  protest,  in  respectful  language, 
against  any  act  or  resolution  which  they  think  injurious  to  the  public 
or  to  any  individual,  and  have  the  reasons  of  their  dissent  entered 
upon  the  journals. 

STYLE  OF  LAWS  AND  PASSAGE  OF  BILLS. 

§  11.  The  style  of  the  laws  of  this  State  shall  be:  “ Be  it  enacted 
by  the  People  of  the  State  of  Illinois,  represented  in  the  General 
Assembly .” 

§  12.  Bills  may  originate  in  either  house,  but  may  be  altered, 
amended  or  rejected  by  the  other;  and,  on  the  final  passage  of  all 
bills,  the  vote  shall  be  by  yeas  and  nays,  upon  each  bill  separately, 
and  shall  be  entered  upon  the  journal;  and  no  bill  shall  become  a  Jaw 
without  the  concurrence  of  a  majority  of  the  members  elected  to  each 
house. 

§  13.  Every  bill  shall  be  read  at  large  on  three  different  days,  in 
each  house;  and  the  bill  and  all  amendments  thereto  shall  be  printed 
before  the  vote  is  taken  on  its  final  passage;  and  every  bill,  having 
passed  both  houses,  shall  be  signed  by  the  speakers  thereof.  No  act 
hereafter  passed  shall  embrace  more  than  one  subject,  and  that  shall 
be  expressed  in  the  title.  But  if  any  subject  shall  be  embraced  in 
an  act  which  shall  not  be  expressed  in  the  title,  such  act  shall  be  void 
only  as  to  so  much  thereof  as  shall  not  be  so  expressed;  and  no  law 
shall  be  revived  or  amended  by  reference  to  its  title  only,  but  the  law 
revived,  or  the  section  amended,  shall  be  inserted  at  length  in  the 
new  act.  And  no  act  of  the  general  assembly  shall  take  effect  until 

— b  C 


18 


tlie  first  day  of  July  next  after  its  passage,  unless,  in  case  of  emer¬ 
gency  (which  emergency  shall  be  expressed  in  the  preamble  or  body 
of  the  act),  the  general  assembly  shall,  by  a  vote  of  two- thirds  of  all 
the  members  elected  to  each  house,  otherwise  direct. 

[The  People  v.  Kirk,  162  Ill.,  139;  Hudwall  y.  Ham,  172  Ill.,  76;  The  Peo¬ 
ple  v.  Loeffler,  175  Ill., 585;  Town  of  Manchester  v.  The  People,  178  Ill.,  285.] 

PRIVILEGES  AND  DISABILITIES. 

§  14.  Senators  and  representatives  shall,  in  all  cases,  except  trea¬ 
son,  felony  or  breach  of  the  peace,  be  privileged  from  arrest  during 
the  session  of  the  general  assembly,  and  in  going  to  and  returning 
from  the  same;  and  for  any  speech  or  debate  in  either  house,  they 
shall  not  be  questioned  in  any  other  place. 

§  15.  No  person  elected  to  the  general  assembly  shall  receive 
any  civil  appointment  within  this  State  from  the  governor,  the  gov¬ 
ernor  and  senate,  or  from  the  general  assembly,  during  the  term  for 
which  he  shall  have  been  elected;  and  all  such  appointments,  and  all 
Totes  given  for  any  such  members  for  any  such  office  or  appointment, 
shall  be  void;  nor  shall  any  member  of  the  general  assembly  be  in¬ 
terested,  either  directly  or  indirectly,  in  any  contract  with  the  State, 
or  any  county  thereof,  authorized  by  any  law  passed  during  the  term 
for  which  he  shall  have  been  elected,  or  within  one  year  after  the  ex¬ 
piration  thereof. 

PUBLIC  MONEYS  AND  APPROPRIATIONS. 

£  16.  The  general  assembly  shall  make  no  appropriation  of  money 
out  of  the  treasury  in  any  private  law.  Bills  making  appropriations 
for  the  pay  of  members  and  officers  of  the  general  assembly,  and  for 
the  salaries  of  the  officers  of  the  government  shall  contain  no  pro¬ 
vision  on  any  other  subject. 

§  17.  No  money  shall  be  drawn  from  the  treasury  except  in  pur¬ 
suance  of  an  appropriation  made  by  law,  and  on  the  presentation  of 
a  warrant  issued  by  the  auditor  thereon;  and  no  money  shall  be  di¬ 
verted  from  any  appropriation  made  for  any  purpose,  or  taken  from 
any  fund  whatever,  either  by  joint  or  separate  resolution.  The  audi¬ 
tor  shall,  within  sixty  days  after  the  adjournment  of  each  session  of 
the  general  assembly,  prepare  and  publish  a  full  statement  of  all 
money  expended  at  such  session,  specifying  the  amount  of  each  item, 
and  to  whom  and  for  what  paid. 

§  18.  Each  general  assembly  shall  provide  for  all  the  appropri¬ 
ations  necessary  for  the  ordinary  and  contingent  expenses  of  the 
government  until  the  expiration  of  the  first  fiscal  quarter  after  the 
adjournment  of  the  next  regular  session,  the  aggregate  amount  of 
which  shall  not  be  increased  without  a  vote  of  two-thirds  of  the 
members  elected  to  each  house,  nor  exceed  the  amount  of  revenue 
authorized  by  law  to  be  raised  in  such  time;  and  all  appropriations, 
general  or  special,  requiring  money  to  be  paid  out  of  the  State  treas¬ 
ury,  from  funds  belonging  to  the  State,  shall  end  with  such  fiscal 


19 


quarter:  Provided ,  the  State  may,  to  meet  casual  deficits  or  failures 
in  revenues,  contract  debts,  never  to  exceed  in  the  aggregate  two 
hundred  and  fifty  thousand  dollars;  and  moneys  thus  borrowed  shall 
be  applied  to  the  purpose  for  which  they  were  obtained,  or  to  pay  the 
debt  thus  created,  and  to  no  other  purpose;  and  no  other  debt,  excej:>t 
for  the  purpose  of  repelling  invasion,  suppressing  insurrection,  or 
defending  the  State  in  war  (for  payment  of  which  the  faith  of  the 
State  shall  be  ifiedged) ,  shall  be  contracted,  unless  the  law  authoriz¬ 
ing  the  same  shall,  at  a  general  election,  have  been  submitted  to  the 
people  and  have  received  a  majority  of  the  votes  cast  for  members  of 
the  general  assembly  at  such  election.  The  general  assembly  shall 
provide  for  the  publication  of  said  law  for  three  months,  at  least,  be¬ 
fore  the  vote  of  the  people  shall  be  taken  upon  the  same;  and  pro¬ 
vision  shall  be  made,  at  the  time,  for  the  payment  of  the  interest 
annually,  as  it  shall  accrue,  by  a  tax  levied  for  the  purpose,  or  from 
other  sources  of  revenue;  which  law,  providing  for  the  payment  of 
such  interest  by  such  tax,  shall  be  irrepealable  until  such  debt  be 
paid;  And,  provided  further,  that  the  law  levying  the  tax  shall  be 
submitted  to  the  people  with  the  law  authorizing  the  debt  to  be  con¬ 
tracted. 

§  19.  The  general  assembly  shall  never  grant  or  authorize  extra 
oompensation,  fee  or  allowance  to  any  public  officer,  agent,  servant 
or  contractor,  after  service  has  been  rendered  or  a  contract  made,  nor 
authorize  the  payment  of  any  claim,  or  part  thereof,  hereafter  created 
against  the  State  under  any  agreement  or  contract  made  without  ex¬ 
press  authority  of  law;  and  all  such  unauthorized  agreements  or  con¬ 
tracts  shall  be  null  and  void:  Provided,  the  general  assembly  may 
make  appropriations  for  expenditures  incurred  in  suppressing  insur¬ 
rection  or  repelling  invasion. 

§  20.  The  State  shall  never  pay,  assume  or  become  responsible 
for  the  debts  or  liabilities  of,  or  in  any  manner  give,  loan  or  extend 
its  credit  to,  or  in  aid  of,  any  public  or  other  corporation,  association 
or  individual. 


PAY  OF  MEMBERS. 

§  21.  The  members  of  the  general  assembly  shall  receive  for 
their  services  the  sum  of  five  dollars  per  day,  during  the  first  session 
held  under  this  constitution,  and  ten  cents  for  each  mile  necessarily 
traveled  in  going  to  and  returning  from  the  seat  of  government,  to  be 
computed  by  the  auditor  of  public  accounts;  and  thereafter  such 
compensation  as  shall  be  prescribed  by  law,  and  no  other  allowance 
or  emolument,  directly  or  indirectly,  for  any  purpose  whatever,  ex¬ 
cept  the  sum  of  fifty  dollars  per  session  to  each  member,  which  shall 
be  in  full  for  postage,  stationery,  newspapers  and  all  other  incidental 
expenses  and  perquisites;  but  no  change  shall  be  made  in  the  com¬ 
pensation  of  the  general  assembly  during  the  term  for  which  they 
may  have  been  elected.  The  pay  and  mileage  allowed  to  each  mem¬ 
ber  of  the  general  assembly  shall  be  certified  by  the  speakers  of 
their  respective  houses,  and  entered  on  the  journals,  and  published 
at  the  close  of  each  session. 


20 


SPECIAL  LEGISLATION  PROHIBITED. 

§  22.  The  general  assembly  shall  not  pass  local  or  special  laws- 
in  any  of  the  following  enumerated  cases,  that  is  to  say:  for — 

Granting  divorces; 

Changing  the  names  of  persons  or  places; 

Laying  out,  opening,  altering  and  working  roads  or  highways; 

Vacating  roads,  town  plats,  streets,  alleys,  and  public  grounds; 

Locating  or  changing  county  seats; 

Regulating  county  and  township  affairs; 

Regulating  the  practice  in  courts  of  justice; 

Regulating  the  jurisdiction  and  duties  of  justices  of  the  peace, 
police  magistrates  and  constables; 

Providing  for  changes  of  venue  in  civil  and  criminal  cases; 

Incorporating  cities,  towns  or  villages,  or  changing  or  amending 
the  charter  of  any  towm,  city  or  village; 

Providing  for  the  election  of  members  of  the  board  of  supervisors 
in  townships,  incorporated  towns  or  cities; 

Summoning  and  impaneling  grand  or  petit  juries; 

Providing  for  the  management  of  common  schools; 

Regulating  the  rate  of  interest  on  money; 

The  opening  and  conducting  of  any  election,  or  designating  the 
place  of  voting; 

The  sale  or  mortgage  of  real  estate  belonging  to  minors  or  others 
under  disability; 

The  protection  of  game  or  fish; 

Chartering  or  licensing  ferries  or  toll  bridges; 

Remitting  fines,  penalties  or  forfeitures; 

Creating,  increasing,  or  decreasing  fees,  percentage  or  allowances 
of  public  officers,  during  the  term  for  which  said  officers  are  elected 
or  appointed; 

Changing  the  law  of  descent; 

Granting  to  any  corporation,  association,  or  individual,  the  right 
to  lay  down  railroad  tracks,  or  amending  existing  charters  for  such 
purposes. 

Granting  to  any  corporation,  association  or  individual  any  special 
or  exclusive  privilege,  immunity  or  franchise  whatever; 

In  all  other  cases  where  a  general  law  can  be  made  applicable,  no 
special  law  shall  be  enacted. 

[Eden  v.  The  People,  1G1  Ill.,  296;  The  People  v.  Board  of  Trustees,  170 
Ill.,  468;  The  People  v.  Kipley,  171  III.,  44;  Lippman  v.  The  People,  175  Ill., 
101;  The  People  v.  Commissioners  of  Cook  County,  176  Ill.,  576;  The  People 
v.  Onahan,  170  Ill.,  449;  The  People  v.  Martin,  178  Ill.,  611;  The  People  v. 
Lewis,  178  111.,  629.] 


21 


§  23.  The  general  assembly  shall  have  no  power  to  release  or 
extinguish,  in  whole  or  in  part,  the  indebtedness,  liability  or  obliga¬ 
tion  of  any  corporation  or  individual  to'this  State  or  to  any  municipal 
corporation  therein. 


IMPEACHMENT. 

§  24.  The  house  of  representatives  shall  have  the  sole  power  of 
impeachment;  but  a  majority  of  all  the  members  elected  must  con¬ 
cur  therein.  All  impeachments  shall  be  tried  by  the  senate;  and 
when  sitting  for  that  purpose,  the  senators  shall  be  upon  oath  or 
affirmation  to  do  justice  according  to  law  and  evidence.  When  the 
governor  of  the  State  is  tried,  the  chief  justice  shall  preside.  No 
person  shall  be  convicted  without  the  concurrence  of  two-thirds  of 
the  senators  elected.  But  judgment,  in  such  cases,  shall  not  extend 
further  than  removal  from  office,  and  disqualification  to  hold  any 
office  of  honor,  profit  or  trust  under  the  government  of  this  State. 
The  party,  whether  convicted  or  acquitted,  shall,  nevertheless,  be  lia¬ 
ble  to  prosecution,  trial,  judgment  and  punishment  according  to  law. 

MISCELLANEOUS. 

§  25.  The  general  assembly  shall  provide,  by  law,  that  the  fuel, 
stationery  and  printing  paper  furnished  for  the  use  of  the  State;  the 
copying,  printing,  binding  and  distributing  the  laws  and  journals, 
and  all  other  printing  ordered  by  the  general  assembly,  shall  be  let 
by  contract  to  the  lowest  responsible  bidder;  but  the  general  assem¬ 
bly  shall  fix  a  maximum  price;  and  no  member  thereof,  or  other 
officer  of  the  State,  shall  be  interested,  directly  or  indirectly,  in  such 
contract.  But  all  such  contracts  shall  be  subject  to  the  approval  of 
the  govenor,  and  if  he  disaproves  the  same,  there  shall  be  a  re-let¬ 
ting  of  the  contract,  in  such  manner  as  shall  be  prescribed  by  law. 

§  26.  The  State  of  Illinois  shall  never  be  made  defendant  in  any 
court  of  law  or  equity. 

§  27.  The  general  assembly  shall  have  no  power  to  authorize 
lotteries  or  gift  enterprises,  for  any  purpose,  andjshall  pass  laws  to 
prohibit  the  sale  of  lottery  or  gift  enterprise  tickets  in  this  State. 

§  28.  No  law  shall  be  passed  which  shall  operate  to  extend  the 
term  of  any  public  officer  after  his  election  or  appointment. 

§  29.  It  shall  be  the  duty  of  the  general  assembly  to  pass  such 
laws  as  may  be  necessary  for  the  protection  of  operative  miners,  by 
providing  for  ventilation,  when  the  same  may  be  required,  and  the 
construction  of  escapement  shafts,  or  such  other  appliances  as  may 
secure  safety  in  all  coal  mines,  and  to  provide  for  the  enforcement  of 
said  laws  by  such  penalties  and  punishment  as  may  be  deemed  proper. 

§  30.  The  general  assembly  may  provide  for  establishing  and 
opening  roads  and  cartways,  connected  with  a  public  road,  for  pri¬ 
vate  and  public  use. 


22 


§  31.  (1)  The  general  assembly  may  pass  laws  permitting  the 

owners  of  land  to  construct  drains,  ditches  and  levees  for  agricul¬ 
tural,  sanitary  or  mining  purposes,  across  the  lands  of  others,  and 
provide  for  the  organization  of  drainage  districts,  and  vest  the  cor¬ 
porate  authorities  thereof  with  power  to  construct  and  maintain 
levees,  drains  and  ditches,  and  to  keep  in  repair  all  drains,  ditches 
and  levees  heretofore  constructed  under  the  laws  of  this  State,  by 
special  assessments  upon  the  property  benefited  thereby. 

§  32.  The  general  assembly  shall  pass  liberal  homestead  and  ex¬ 
emption  laws. 

§  33.  The  general  assembly  shall  not  appropriate  out  of  the 
State  treasury,  or  expend  on  account  of  the  new  capitol  grounds,  and 
construction,  completion  and  furnishing  of  the  State  house,  a  sum 
exceeding  in  the  aggregate  three  and  a  half  millions  of  dollars,  in¬ 
clusive  of  all  appropriations  heretofore  made,  without  first  submit¬ 
ting  the  proposition  for  an  additional  expenditure  to  the  legal  voters 
of  the  State  at  a  general  election;  nor  unless  a  majority  of  all  the 
votes  cast  at  such  election  shall  be  for  the  proposed  additional  ex¬ 
penditure. 


ARTICLE  V. 


EXECUTIVE 

g  1.  Officers— Terms, 
g  2.  State  Treasurer, 
g  3.  Time  of  Electing  State  Officers, 
g  4.  Returns— Tie— Contested  Election, 
g  5.  Eligibilty  for  Office, 
g  6.  Governor— Powers  and  Duty, 
g  7.  His  Message  and  Statement, 
g  8.  Convening  the  General  Assembly, 
g  9.  Proroguing  the  General  Assembly, 
g  10.  Nominations  by  the  Governor, 
g  11.  Vacancies  may  be  filled, 
g  12.  Removals  by  the  Governor. 

§  13.  Reprieves— Commutations— Pardons. 


DEPARTMENT. 

§  14.  Governor  as  Commander-in-Chief. 
§  15.  Impeachment  of  Officers, 
g  16.  Veto  Power, 
g  17.  Lieutenant  Governor, 
g  18.  President  of  the  Senate, 
g  19.  Vacancy  in  Governor’s  Office, 
g  20.  Vacancy  in  other  State  Offices, 
g  21.  Reports  of  State  Officers, 
g  22.  Great  Seal  of  Illinois, 
g  23.  Fees  and  Salaries, 
g  24.  Definition  of  “Office.” 
g  25.  Oath  of  Civil  Officers. 


§  1.  The  executive  department  shall  consist  of  a  governor,  lieu¬ 
tenant  governor,  secretary  of  state,  auditor  of  public  accounts, 
treasurer,  superintendent  of  public  instruction  and  attorney  gen¬ 
eral,  who  shall  each,  with  the  exception  of  the  treasurer,  hold  his 
office  for  the  term  of  four  years  from  the  second  Monday  of  January 
next  after  his  election  and  until  his  successor  is  elected  and  quali¬ 
fied.  They  shall,  except  the  lieutenant  governor,  reside  at  the  seat 
of  government  during  their  term  of  office,  and  keep  the  public  records, 
books  and  papers  there,  and  shall  perform  such  duties  as  may  be 
prescribed  by  law. 

§  2.  The  treasurer  shall  hold  his  office  for  the  term  of  two  years, 
and  until  his  successor  is  elected  and  qualified;  and  shall  be  ineligible 
to  said  office  for  two  years  next  after  the  end  of  the  terra  for  which 


(1)  As  modified  by  the  first  amendment  to  the  Constitution  of  1870.  The  joint  resolu¬ 
tion  was  adopted  by  the  Senate  March  15.  1877,  and  the  House  March  20, 1877.  It  was  adopted 
bv  the  vote  of  the  People  November  5,  1878,  and  proclaimed  ratified  November  29, 1878. 

This  section  as  originally  adopted  in  the  Constitution  of  1870  read  as  follows: 

“Section  31.  The  general  assembly  may  pass  laws  permitting  the  owners  or  occupants 
of  land  to  construct  drains  and  ditches  for  agricultural  and  sanitary  purposes  across  the 
land  of  others.” 


23 


he  was  elected.  He  may  be  required  by  the  govenor  to  give  reason¬ 
able  additional  security,  and  in  default  of  so  doing  his  office  shall  be 
deemed  vacant. 


ELECTION. 

§  3.  An  election  for  governor,  lieutenant  governor,  secretary 
of  state,  auditor  of  public  accounts  and  attorney  general  shall  be 
held  on  the  Tuesday  next  after  the  first  Monday  of  November,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  seventy-two,  and 
every  four  years  thereafter;  for  superintendent  of  public  instruc¬ 
tion,  on  the  Tuesday  next  after  the  first  Monday  of  November  in  the 
year  one  thousand  eight  hundred  and  seventy,  and  every  four  years 
thereafter;  and  for  treasurer  on  the  day  last  above  mentioned,  and 
every  two  years  thereafter,  at  such  places  and  in  such  manner  as 
may  be  prescribed  by  law. 

§  4.  The  returns  of  every  election  for  the  above  named  officers 
shall  be  sealed  up  and  transmitted  by  the  returning  officers  to  the 
secretary  of  state  directed  to  the  “Speaker  of  the  house  of  represen¬ 
tatives,”  who  shall,  immediately  after  the  organization  of  the  house,, 
and  before  proceeding  to  other  business,  open  and  publish  the  same 
in  the  presence  of  a  majority  of  each  house  of  the  general  assembly, 
who  shall,  for  that  purpose,  assemble  in  the  hall  of  the  house  of  rep¬ 
resentatives.  The  person  having  the  highest  number  of  votes  for 
either  of  said  offices  shall  be  declared  duly  elected;  but  if  two  or  more 
have  an  equal,  and  the  highest  number  of  votes,  the  general  assembly 
shall,  by  joint  ballot,  choose  one  of  such  persons  for  said  office.  Con¬ 
tested  elections  for  all  of  said  offices  shall  be  determined  by  both 
houses  of  the  general  assembly,  by  joint  ballot,  in  such  manner  as 
may  be  prescribed  by  law. 


ELIGIBILITY. 

§  5.  No  person  shall  be  eligible  to  the  office  of  governor  or  lieu¬ 
tenant  governor  who  shall  not  have  attained  the  age  of  thirty  years, 
and  been,  for  five  years  next  preceding  his  election,  a  citizen  of  the 
United  States  and  of  this  State.  Neither  the  governor,  lieutenant 
governor,  auditor  of  public  accounts,  secretary  of  state,  superintend¬ 
ent  of  public  instruction,  nor  attorney  general  shall  be  eligible  to  any 
other  office  during  the  period  for  which  he  shall  have  been  elected. 

GOVERNOR. 

§  6.  The  supreme  executive  power  shall  be  vested  in  the  governor, 
who  shall  take  care  that  the  laws  be  faithfully  executed. 

§  7.  The  governor  shall,  at  the  commencement  of  each  session, 
and  at  the  close  of  his  term  of  office,  give  to  the  general  assembly 
information,  by  message,  of  the  condition  of  the  State,  and  shall 
recommend  such  measures  as  he  shall  deem  expedient.  He  shall  ac¬ 
count  to  the  general  assembly,  and  accompany  his  message  with  a 


I 


24 


statement  of  all  moneys  received  and  paid  out  by  him  from  any  funds 
subject  to  his  order,  with  vouchers,  and  at  the  commencement  of  each 
regular  session,  present  estimates  of  the  amount  of  money  required 
to  be  raised  by  taxation  for  all  purposes. 

§  8.  The  governor  may,  on  extraordinary  occasions,  convene  the 
general  assembly,  by  proclamation,  stating  therein  the  purpose  for 
which  they  are  convened,  and  the  general  assembly  shall  enter  upon 
no  business  except  that  for  which  they  were  called  together. 

§  9.  In  case  of  a  disagreement  between  the  two  houses  with  re¬ 
spect  to  the  time  of  adjournment,  the  governor  may,  on  the  same 
being  certified  to  him  by  the  house  first  moving  the  adjournment, 
adjourn  the  general  assembly  to  such  time  as  he  thinks  proper,  not 
beyond  the  first  day  of  the  next  regular  session. 

§  10.  The  governor  shall  nominate,  and  by  and  with  the  advice 
and  consent  of  the  senate  (a  majority  of  all  the  senators  elected  con¬ 
curring  by  yeas  and  nays) ,  appoint  all  officers  whose  offices  are  es¬ 
tablished  by  this  constitution,  or  which  may  be  created  by  law,  and 
whose  appointment  or  election  is  not  otherwise  provided  for;  and  no 
such  officer  shall  be  appointed  or  elected  by  the  general  assembly. 

§  11.  In  case  of  a  vacancy,  during  the  recess  of  the  senate,  in  any 
office  which  is  not  elective,  the  governor  shall  make  a  temporary  ap¬ 
pointment  until  the  next  meeting  of  the  senate,  when  he  shall  nomi¬ 
nate  some  person  to  fill  such  office;  and  any  person  so  nominated 
who  is  confirmed  by  the  senate  (a  majority  of  all  the  senators  elected 
concurring  oy  yeas  and  nays) ,  shall  hold  his  office  during  the  re¬ 
mainder  of  the  term,  and  until  his  successor  shall  be  appointed  and 
qualified.  No  person,  after  being  rejected  by  the  senate,  shall  be 
again  nominated  for  the  same  office  at  the  same  session,  unless  at  the 
request  of  the  senate,  or  be  appointed  to  the  same  office  during  the 
recess  of  the  general  assembly. 

§  12.  The  governor  shall  have  power  to  remove  any  officer  whom 
he  may  appoint,  in  case  of  incompetency,  neglect  of  duty  or  malfeas¬ 
ance  in  office;  and  he  may  declare  his  office  vacant  and  fill  the  same 
as  is  herein  provided  in  other  cases  of  vacancy. 

§  13.  The  governor  shall  have  power  to  grant  reprieves,  commu¬ 
tations  and  pardons,  after  conviction,  for  all  offenses,  subject  to  such 
regulations  as  may  be  provided  by  law  relative  to  the  manner  of  ap¬ 
plying  therefor. 

§  14.  The  governor  shall  be  commander-in-chief  of  the  military 
and  naval  forces  of  the  State  (except  when  they  shall  be  called  into 
the  service  of  the  United  States),  and  may  call  out  the  same  to  exe¬ 
cute  the  laws,  suppress  insurrection  and  repel  invasion. 

§  15.  The  governor  and  all  civil  officers  of  the  State  shall  be 
liable  to  impeachment  for  any  misdemeanor  in  office. 


25 


VETO  (1)  . 

§  ]6.  Every  bill  passed  by  the  general  assembly  shall,  before  it 
becomes  a  law,  be  presented  to  the  governor.  If  he  approve,  he 
shall  sign  it,  and  thereupon  it  shall  become  a  law;  but  if  he  do  not 
approve,  he  shall  return  it,  with  his  objections,  to  the  house  in  which 
it  shall  have  originated,  which  house  shall  enter  the  objections  at 
large  upon  its  journal  and  proceed  to  reconsider  the  bill.  If  then 
two  thirds  of  the  members  elected  agree  to  pass  the  same,  it  shall  be 
sent,  together  with  the  objections,  to  the  other  house,  by  which  it 
shall  likewise  be  reconsidered;  and  if  approved  by  two-thirds  of  the 
members  elected  to  that  house,  it  shall  become  a  law,  notwithstand¬ 
ing  the  objections  of  the  governor;  but  in  all  such  cases  the  vote  of 
each  house  shall  be  determined  by  yeas  and  nays,  to  be  entered  upon 
the  journal.  *Bills  making  appropriations  of  money  out  of  the  treas¬ 
ury  shall  specify  the  objects  and  purposes  for  which  the  same  are 
made,  and  appropriate  to  them  respectively  their  several  amounts  in 
distinct  items  and  sections.  And  if  the  governor  shall  not  ap¬ 
prove  any  one  or  more  of  the  items  or  sections  contained  in 
any  bill,  but  shall  approve  the  residue  thereof,  it  shall  become  a 
law7,  as  to  the  residue,  in  like  manner  as  if  he  had  signed  it. 
The  governor  shall  then  return  the  bill,  with  his  objections  to 
the  items  or  sections  of  the  same  not  approved  by  him,  to  the  house 
in  which  the  bill  shall  have  originated,  which  house  shall  enter  the 
objections  at  large  upon  its  journal,  and  proceed  to  reconsider  so 
much  of  said  bill  as  is  not  approved  by  the  governor.  The  same 
proceedings  shall  be  had  in  both  houses  in  reconsidering  the  same 
as  is  hereinbefore  provided  in  case  of  an  entire  bill  returned  by  the 
governor  with  his  objections;  and  if  any  item  or  section  of  said  bill 
not  approved  by  the  governor  shall  be  passed  by  two- thirds  of  the 
members  elected  to  each  of  the  two  houses  of  the  general  assembly, 
it  shall  become  part  of  said  law,  notwithstanding  the  objections  of 
the  governor.  *Any  bill  which  shall  not  be  returned  by  the  gov¬ 
ernor  within  ten  days  (Sundays  excepted)  after  it  shall  have  been 
presented  to  him,  shall  become  a  law  in  like  manner  as  if  he  had 
signed  it,  unless  the  general  assembly  shall  by  their  adjournment 
prevent  its  return,  in  which  case  it  shall  be  filed  with  his  objec¬ 
tions  in  the  office  of  the  secretary  of  state,  within  ten  days  after 
such  adjournment,  or  become  a  law\ 

[The  People  v.  Rose,  167  Ill.  147.] 

LIEUTENANT  GOVERNOR. 

§  17.  In  case  of  the  death,  conviction  on  impeachment,  failure 
to  qualify,  resignation,  absence  from  the  State,  or  other  disability  of 
the  governor,  the  powers,  duties  and  emoluments  of  the  office  for 
the  residue  of  the  term,  or  until  the  disability  shall  be  removed,  shall 
devolve  upon  the  lieutenant  governor. 

(I)  As  modified  by  the  third  amendment  to  the  constitution  of  1870.  The  amendment  was 
proposed  by  the  joint  resolution  of  the  Thirty-third  General  Assembly  (L.  1883,  p.  186),  rati¬ 
fied  by  the  vote  of  the  people  November  4,  1884,  and  proclaimed  adopted  November  28,  1884. 

The  amendment  is  practically  the  original  section  with  the  addition  of  the  paragraphs 

between  the  (* - *)  and  the  substitution  of  the  italicized  word  upon  for  the  original  word 

“on.” 


26 


§  18.  The  lieutenant  governor  shall  be  president  of  the  senate, 
and  shall  vote  only  when  the  senate  is  equally  divided.  The  senate 
shall  choose  a  president,  pro  tempore,  to  preside  in  case  of  the  ab¬ 
sence  or  impreachment  of  the  lieutenant  governor,  or  when  he 
shall  hold  the  office  of  governor. 

§  19.  If  there  be  no  lieutenant  governor,  or  if  the  lieutenant 
governor  shall,  for  any  of  the  causes  specified  in  section  seventeen 
of  this  article,  become  incapable  of  performing  the  duties  of  the 
office,  the  president  of  the  senate  shall  act  as  governor  until  the 
vacancy  is  filled  or  the  disability  removed;  and  if  the  president  of 
the  senate,  for  any  of  the  above  named  causes,  shall  become  incap¬ 
able  of  performing  the  duties  of  governor,  the  same  shall  devolve 
upon  the  speaker  of  the  house  of  representatives. 

OTHER  STATE  OFFICERS. 

§  20.  If  the  office  of  auditor  of  public  accounts,  treasurer,  sec¬ 
retary  of  state,  attorney  general,  or  superintendent  of  public  in¬ 
struction  shall  be  vacated  by  death,  resignation  or  otherwise,  it  shall 
be  the  duty  of  the  governor  to  fill  the  same  by  appointment,  and  the 
appointee  shall  hold  his  office  until  his  sucessor  shall  be  elected  and 
qualified  in  such  manner  as  may  be  provided  by  law.  An  account 
shall  be  kept  by  the  officers  of  the  executive  department,  and  of  all 
the  public  institutions  of  the  State,  of  all  moneys  received  or  dis¬ 
bursed  by  them,  severally,  from  all  sources,  and  for  every  service 
performed,  and  a  semi-annual  report  thereof  be  made  to  the  gov¬ 
ernor,  under  oath;  and  any  officer  -who  makes  a  false  report  shall  be 
guilty  of  perjury,  and  punished  accordingly. 

§  21.  The  officers  of  the  executive  department,  and  of  all  the  pub¬ 
lic  institutions  of  the  State,  shall,  at  least  ten  days  preceding  each 
regular  session  of  the  general  assembly,  severally  report  to  the  gov¬ 
ernor,  who  shall  transmit  such  reports  to  the  general  assembly,  to¬ 
gether  with  the  reports  of  the  judges  of  the  supreme  court  of  defects 
in  the  constitution  and  laws;  and  the  governor  may  at  any  time 
require  information,  in  writing,  under  oath,  from  the  officers  of  the 
executive  department,  and  all  officers  and  managers  of  State  institu¬ 
tions,  upon  any  subject  relating  to  the  condition,  management  and 
expenses  of  their  respective  offices. 

THE  SEAL  OF  STATE. 

§  22.  There  shall  be  a  seal  of  the  State,  which  shall  be  called  the 
“Great  Seal  of  the  State  of  Illinois,”  which  shall  be  kept  by  the 
secretary  of  state,  and  used  by  him,  officially,  as  directed  by  law. 

FEES  AND  SALARIES. 

§  23.  The  officers  named  in  this  article  shall  receive  for  their 
services  a  salary,  to  be  established  by  law,  which  shall  not  be  in¬ 
creased  or  diminish  during  their  official  terms,  and  they  shall  not, 
after  the  expiration  of  the  terms  of  those  in  office  at  the  adoption  of 


27 


this  constitution,  receive  to  their  own  use  any  fees,  costs,  perquisites 
of  office,  or  other  compensation.  And  all  fees  that  may  hereafter  he 
payable  by  law  for  any  services  performed  by  any  officer  provided 
for  in  this  article  of  the  constitution,  shall  be  paid  in  advance  into 
the  State  treasury. 

DEFINITION  AND  OATH  OF  OFFICE. 

§  24.  An  office  is  a  public  position  created  by  the  constitution  or 
law,  continuing  during  the  pleasure  of  the  appointing  power,  or  for 
a  fixed  time,  with  a  successor  elected  or  appointed.  An  employment 
is  an  agency,  for  a  temporary  purpose,  which  ceases  when  that  pur¬ 
pose  is  accomplished. 

[The  People  vs.  Loeffler,  175  111.  585.] 

§  25.  All  civil  officers,  except  members  of  the  general  assembly 
and  such  inferior  officers  as  may  be  by  law  exempted,  shall,  before 
they  enter  on  the  duties  of  their  respective  offices,  take  and  subscribe 
the  following  oath  or  affirmation: 

‘‘I  do  solemnly  swear  (or  affirm,  as  the  case  may  be.)  that  I  will  support  the  Constitution 
of  the  United  States,  and  the  Constitution  of  the  State  of  Illinois,  and  that  l  will  faithfully 
discharge  the  duties  of  the  office  of - according  to  the  best  of  my  ability.” 

And  no  other  oath,  declaration  or  test  shall  be  required  as  a, 
qualification. 


ARTICLE  VI. 

JUDICIAL  DEPARTMENT. 


§  :.  Courts  Established. 

\  2.  Supreme  Court— Jurisdiction. 

\  3.  Qualifications  of  a  Supreme  Judge. 

I  4.  Terms  of  the  Supreme  Court, 
g  5.  Grand  Divisions— Districts, 
g  6.  Election  of  Supreme  Judges, 
g  7.  Salaries  of  the  Supreme  Judges, 
g  8.  Appeals  and  Writs  of  Error, 
g  9.  Reporter. 

g  10.  Clerks  of  the  Supreme  Court, 
g  11.  Appellate  Courts  Authorized, 
g  12.  Circuit  Courts— Jurisdiction, 
g  13.  Judicial  Circuits, 
g  14.  Time  of  holding  Circuit  Courts, 
g  15.  Judges— Increase, 
g  16,  Salaries  of  the  Circuit  Judges, 
g  17.  Qualifications  of  Judges  and  County 
Commissioners. 


g  18.  County  Judges— County  Clerks, 
g  19.  Appeals  from  County  Courts, 
g  20.  Probate  Courts  Authorized, 
g  21.  Justices  of  the  Peace  and  Constables 
g  22.  State’s  Attorney  in  each  County, 
g  23.  Cook  County  Courts  of  Record, 
g  24.  Chief  Justice- -Power  of  Judges, 
g  25.  Salaries  of  the  Judges, 
g  26.  Criminal  Court  of  Cook  County, 
g  27.  Clerks  of  Cook  County  Court, 
g  28.  Justices  in  Chicago, 
g  29.  Uniformity  in  the  Courts, 
g  30.  Removal  of  any  Judge, 
g  31.  Judges  to  Make  Written  Reports, 
g  32.  Terms  of  Office— Filling  Vacancies, 
g  33.  Process— Prosecutions— Population. 


§  1.  The  judicial  powers,  except  as  in  this  article  is  otherwise 
provided,  shall  be  vested  in  one  supreme  court,  circuit  courts,  county 
courts,  justices  of  the  peace,  police  magistrates,  and  in  such  courts, 
as  may  be  created  by  law  in  and  for  cities  and  incorporated  towns. 

[The  People  v.  Chase,  165  Ill.,  527.] 


28 


SUPREME  COURT. 

§  2.  The  supreme  court  shall  consist  of  seven  judges,  and  shall 
'have  original  jurisdiction  in  cases  relating  to  the  revenue,  in  manda¬ 
mus  and  habeas  corpus,  and  appellate  jurisdiction  in  all  other  cases. 
One  of  said  judges  shall  be  chief  justice;  four  shall  constitute  a 
quorum,  and  the  concurrence  of  four  shall  be  necessary  to  every 
decision. 

[Canby  v.  Hartzell,  167  111.,  628.] 

§  3.  No  person  shall  be  eligible  to  the  office  of  judge  of  the  su¬ 
preme  court  unless  he  shall  be  at  least  thirty  years  of  age,  and  a  citi¬ 
zen  of  the  United  States,  nor  unless  he  shall  have  resided  in  this 
State  five  years  next  preceding  his  election,  and  be  a  resident  of  the 
district  in  which  he  shall  be  elected. 

§  4.  Terms  of  the  supreme  court  shall  continue  to  be  held  in 
the  present  grand  divisions  at  the  several  places  now  provided  for 
holding  the  same;  and  until  otherwise  provided  by  law,  one  or  more 
terms  of  said  court  shall  be  held,  for  the  northern  division,  in  the 
City  of  Chicago  each  year,  at  such  times  as  said  court  may  appoint, 
whenever  said  city  or  the  County  of  Cook  shall  provide  appropriate 
rooms  therefor,  and  the  use  of  a  suitable  library,  without  expense  to 
the  State.  The  judicial  divisions  may  be  altered,  increased  or  dimin¬ 
ished  in  number,  and  the  times  and  places  of  holding  said  court  may 
be  changed  by  law. 

§  5.  The  present  grand  divisions  shall  be  preserved,  and  be  de¬ 
nominated  Southern,  Central  and  Northern,  until  otherwise  provided 
by  law.  The  State  shall  be  divided  into  seven  districts  for  the  elec¬ 
tion  of  judges,  and,  until  otherwise  provided  by  lanr,  they  shall  be  as 
follows: 

First  District. — The  counties  of  St.  Clair,  Clinton,  Washington, 
Jefferson,  Wayne,  Edwards,  Wabash,  White,  Hamilton,  Franklin, 
Perry,  Randolph,  Monroe,  Jackson,  Williamson,  Saline,  Gallatin, 
Hardin,  Pope,  Union,  Johnson,  Alexander,  Pulaski  and  Massac. 

Second  District. — The  counties  of  Madison,  Bond,  Marion,  Clay, 
Richland,  Lawrence,  Crawford,  Jasper,  Effingham,  Fayette,  Mont¬ 
gomery,  Macoupin,  Shelby,  Cumberland,  Clark,  Greene,  Jersey,  Cal¬ 
houn  and  Christian. 

Third  District. — The  counties  of  Sangamon,  Macon,  Logan,  De 
Witt,  Piatt,  Douglas,  Champaign,  Vermilion,  McLean,  Livingston, 
Ford,  Iroquois,  Coles,  Edgar,  Moultrie  and  Tazewell. 

Fourth  District. — The  counties  of  Fulton,  McDonough,  Hancock, 
Schuyler,  Brown,  Adams,  Pike,  Mason,  Menard,  Morgan,  Cass  and 
Scott. 

Fifth  District. — The  counties  of  Knox,  Warren,  Henderson,  Mercer, 
Henry,  Stark,  Peoria,  Marshall,  Putnam,  Bureau,  La  Salle,  Grundy 
and  Woodford. 

Sixth  District. — The  counties  of  Whiteside,  Carroll,  Jo  Daviess, 
Stephenson,  Winnebago,  Boone,  McHenry,  Kane,  Kendall,  De  Kalb, 
Lee,  Ogle  and  Rock  Island. 


29 


Seventh  District. — The  counties  of  Lake,  Cook,  Will,  Kankakee 
and  DuPage. 

The  boundaries  of  the  districts  may  be  changed  at  the  session  of 
the  general  assembly  next  preceding  the  election  for  judges  therein, 
and  at  no  other  time;  but  whenever  such  alterations  shall  be  made 
the  same  shall  be  upon  the  rule  of  equality  of  population,  as  nearly 
as  county  boundaries  will  allow,  and  the  districts  shall  be  composed 
of  contiguous  counties,  in  as  nearly  compact  form  as  circumstances 
wTill  permit.  The  alteration  of  the  districts  shall  not  affect  the  ten¬ 
ure  of  office  of  any  judge. 

§  6.  At  the  time  of  voting  on  the  adoption  of  this  constitution, 
one  judge  of  the  supreme  court  shall  be  elected  by  the  electors 
thereof,  in  each  of  said  districts  numbered  two,  three,  six  and  seven, 
who  shall  hold  his  office  for  the  term  of  nine  years  from  the  first 
Monday  of  June,  in  the  year  of  our  Lord  one  thousand  eight  hun¬ 
dred  and  seventy.  The  term  of  office  of  judges  of  the  supreme  court, 
elected  after  the  adoption  of  this  constitution,  shall  be  nine  years; 
and  on  the  first  Monday  of  June  of  the  year  in  which  the  term  of 
any  of  the  judges  in  office  at  the  adoption  of  this  constitution,  or  of 
the  judges  then  elected,  shall  expire,  and  every  nine  years  thereafter, 
there  shall  be  an  election  for  the  successor  or  successors  of  such 
judges  in  the  respective  districts  wherein  the  term  of  such  judges 
shall  expire.  The  chief  justice  shall  continue  to  act  as  such  until 
the  expiration  of  the  term  for  which  he  was  elected,  after  which  the 
judges  shall  choose  one  of  their  number  chief  justice. 

§  7.  From  and  after  the  adoption  of  this  constitution,  the  judges 
of  the  supreme  court  shall  each  receive  a  salary  of  four  thousand 
dollars  per  annum,  payable  quarterly,  until  otherwise  provided  by 
law.  And  after  said  salaries  shall  be  fixed  by  law,  the  salaries  of  tho 
judges  in  office  shall  not  be  increased  or  diminished  during  the  terms 
for  which  said  judges  shall  have  been  elected. 

§  8.  Appeals  and  writs  of  error  may  be  taken  to  the  supreme 
court  held  in  the  grand  division  in  which  the  case  is  decided,  or,  by 
consent  of  the  parties,  to  any  other  grand  division. 

§  9.  The  supreme  court  shall  appoint  one  reporter  of  its  decisions,, 
who  shall  hold  his  office  for  six  years,  subject  to  removal  by  the 
court. 

§  10.  At  the  time  of  the  election  of  representatives  in  the  general 
assembly,  happening  next  preceding  the  expiration  of  the  terms  of 
office  of  the  present  clerks  of  said  court,  one  clerk  of  said  court  for 
each  division  shall  be  elected,  whose  term  of  office  shall  be  six  years 
from  said  election,  but  who  shall  not  enter  upon  the  duties  of  his 
office  until  the  expiration  of  the  term  of  his  predecessor,  and  every 
six  years  thereafter  one  clerk  of  said  court  for  each  division  shall  be 
elected. 

APPELLATE  COURTS. 

§  11.  After  the  year  of  our  Lord  one  thousand  eight  hundred  and 
seventy- four,  inferior  appellate  courts,  of  uniform  organization  and 
jurisdiction,  may  be  created  in  districts  formed  for  that  purpose,  to 


30 


\ 


which  such  appeals  and  writs  of  error  as  the  general  assembly  may 
provide,  may  be  prosecuted  from  circuit  and  other  courts,  and  from 
which  appeals  and  writs  of  error  shall  lie  to  the  supreme  court,  in  all 
criminal  cases,  and  cases  in  which  a  franchise,  or  freehold,  or  the 
validity  of  a  statute  is  involved,  and  in  such  other  cases  as  may  be 
provided  by  law.  Such  appellate  courts  shall  be  held  by  such  num¬ 
ber  of  judges  of  the  circuit  courts,  and  at  such  times  and  places,  and 
in  such  manner  as  may  be  provided  by  law;  but  no  judge  shall  sit  in 
review  upon  cases  decided  by  him;  nor  shall  said  judges  receive  any 
additional  compensation  for  such  services. 

CIRCUIT  COURTS. 

§  12.  The  circuit  courts  shall  have  original  jurisdiction  of  all 
causes  in  law  and  equity,  and  such  appellate  jurisdiction  as  is  or  may 
be  provided  by  law,  and  shall  hold  two  or  more  terms  each  year  in 
every  county.  The  terms  of  office  of  judges  of  circuit  courts  shall  be 
six  years. 

§  13.  The  State,  exclusive  of  the  County  of  Cook  and  other  coun¬ 
ties  having  a  population  of  one  hundred  thousand,  shall  be  divided 
into  judicial  circuits,  prior  to  the  expiration  of  the  terms  of  office 
of  the  present  judges  of  the  circuit  courts.  Such  circuits  shall  be 
formed  of  contiguous  counties,  in  as  nearly  compact  form  and  as 
nearly  equal  as  circumstances  will  permit,  having  due  regard  to 
business,  territory  and  population,  and  shall  not  exceed  in  number 
one  circuit  for  every  one  hundred  thousand  of  population  of  the 
State.  One  judge  shall  be  elected  for  each  of  said  circuits  by  the 
electors  thereof.  New  circuits  may  be  formed  and  the  boundaries 
of  circuits  changed  by  the  general  assembly,  at  its  session  next 
preceding  the  election  for  circuit  judges,  but  at  no  other  time: 
Provided  that  the  circuits  may  be  equalized  or  changed  at  the  first 
session  of  the  general  assembly  after  the  adoption  of  this  consti¬ 
tution.  The  creation,  alteration  or  change  of  any  circuit  shall  not 
affect  the  tenure  of  office  of  any  judge.  Whenever  the  business  of 
the  circuit  court  of  any  one,  or  of  two  or  more  contiguous  counties, 
containing  a  population  exceeding  fifty  thousand,  shall  occupy  nine 
months  of  the  year,  the  general  assembly  may  make  of  such 
county,  or  counties,  a  separate  circuit.  Whenever  additional  circuits 
are  created,  the  foregoing  limitations  shall  be  observed. 

[The  People  v.  Rose,  166  Ill.,  422.] 

§  14.  The  general  assembly  shall  provide  for  the  times  of  hold¬ 
ing  court  in  each  county;  which  shall  not  be  changed,  except  by 
the  general  assembly  next  preceding  the  general  election  for  judges 
of  said  courts;  but  additional  terms  may  be  provided  for  in  any 
county.  The  election  for  judges  of  the  circuit  courts  shall  be  held 
on  the  first  Monday  in  June,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  seventy- three,  and  every  six  years  thereafter. 

§  15.  The  general  assembly  may  divide  the  State  into  judicial 
circuits  of  greater  population  and  territory,  in  lieu  of  the  circuits 
provided  for  in  section  thirteen  of  this  article,  and  provide  for  the 


31 


election  therein,  severally,  by  the  electors  thereof,  by  general  ticket, 
of  not  exceeding  four  judges,  who  shall  hold  the  circuit  courts  in 
the  circuit  for  which  they  shall  be  elected,  in  such  manner  as  may 
be  provided  by  law. 

§  16.  From  and  after  the  adoption  of  this  constitution,  judges 
of  the  circuit  courts  shall  receive  a  salary  of  three  thousand  dollars 
per  annum,  payable  quarterly,  until  otherwise  provided  by  law,  and 
after  their  salaries  shall  be  fixed  by  law  they  shall  not  be  increased 
or  diminished  during  the  terms  for  which  said  judges  shall  be, 
respectively,  elected;  and  from  and  after  the  adoption  of  this  con¬ 
stitution,  no  judge  of  the  supreme  or  circuit  court  shall  receive 
any  other  compensation,  perquisite  or  benefit,  in  any  form  whatso¬ 
ever,  nor  perform  any  other  than  judicial  duties  to  which  may  belong 
any  emoluments. 

§  IT.  No  person  shall  be  eligible  to  the  office  of  judge  of  the 
circuit  or  any  inferior  court,  or  to  membership  in  the  “board  of 
county  commissioners, v  unless  he  shall  be  at  least  twenty-five 
years  of  age  and  a  citizen  of  the  United  States,  nor  unless  he  shall 
have  resided  in  this  State  five  years  next  preceding  his  election, 
and  be  a  resident  of  the  circuit,  county,  city,  cities,  or  incorporated 
town  in  which  he  shall  be  elected. 

COUNTY  COURTS. 

§  18.  There  shall  be  elected  in  and  for  each  county  one  county 
judge  and  one  clerk  of  the  county  court,  whose  terms  of  office 
shall  be  four  years.  But  the  general  assembly  may  create  districts 
of  two  or  more  contiguous  counties,  in  each  of  which  shall  be  elected 
one  judge,  who  shall  take  the  place  of  and.  exercise  the  powers  and 
jurisdiction  of  county  judges  in  such  districts.  County  courts 
shall  be  courts  of  record,  and  shall  have  original  jurisdiction  in 
all  matters  of  probate,  settlement  of  estates  of  deceased  persons, 
appointment  of  guardiaps  and  conservators  and  settlements  of  their 
accounts,  in  all  matters  relating  to  apprentices,  and  in  proceedings 
for  the  collection  of  taxes  and  assessments,  and  such  other  jurisdic¬ 
tion  as  may  be  provided  for  by  general  law. 

§  19.  Appeals  and  writs  of  error  shall  be  allowed  from  final  de¬ 
terminations  of  county  courts,  as  may  be  provided  by  law. 

PROBATE  COURTS. 

§  20.  The  general  assembly  may  provide  for  the  establishment  of 
a  probate  court  in  each  county  having  a  population  of  over  fifty 
thousand,  and  for  the  election  of  a  judge  thereof,  whose  term  of  office 
shall  be  the  same  as  that  of  the  county  judge,  and  who  shall  be 
elected  at  the  same  time  and  in  the  same  manner.  Said  courts,  when 
established,  shall  have  original  jurisdiction  of  all  probate  matters, 
the  settlement  of  estates  of  deceased  persons,  the  appointment  of 
guardians  and  conservators,  and  settlements  of  their  accounts;  in  all 
matters  relating  to  apprentices,  and  in  cases  of  sales  of  real  estate  of 
deceased  persons  for  the  payment  of  debts. 


82 


JUSTICES  OF  THE  PEACE  AND  CONSTABLES. 

§  21.  Justices  of  the  peace,  police  magistrates  and  constables  shall 
be  elected  in  and  for  such  districts  as  are,  or  may  be,  provided  by 
law,  and  the  jurisdiction  of  such  justices  of  the  peace  and  police 
magistrates  shall  be  uniform. 

state's  attorneys. 

§  22.  At  the  election  for  members  of  the  general  assembly  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  seventy-two,  and 
gvery  four  years  thereafter,  there  shall  be  elected  a  State’s  attorney 
ihand  for  each  county,  in  lieu  of  the  State’s  attorneys  now  provided 
$'y  law,  whose  terms  of  office  shall  be  four  years. 

COURTS  OF  COOK  COUNTY. 

§  23.  The  County  of  Cook  shall  be  one  judicial  circuit.  The  cir¬ 
cuit  court  of  Cook  county  shall  consist  of  five  judges,  until  their 
number  shall  be  increased  as  herein  provided.  The  present  judge  of 
the  recorder's  court  of  the  City  of  Chicago,  and  the  present  judge  of 
the  circuit  court  of  Cook  county,  shall  be  two  of  said  judges,  and 
shall  remain  in  office  for  the  terms  for  which  they  were  respectively 
elected,  and  until  their  successors  shall  be  elected  and  aualified.  The 
superior  court  of  Chicago  shall  be  continued,  and  called  the  “Superior 
Court  of  Cook  County.”  The  general  assembly  may  increase  the 
number  of  said  judges,  by  adding  one  to  either  of  said  courts  for 
every  additional  fifty  thousand  inhabitants  in  said  county  over  and 
above  a  population  of  four  hundred  thousand.  The  terms  of  office  of 
the  judges  of  said  courts,  hereafter  elected,  shall  be  six  years. 

§  24.  The  judge  having  the  shortest  unexpired  term  shall  be  chief 
justice  of  the  court  of  which  he  is  a  judge.  In  case  there  are  two  or 
more  whose  terms  expire  at  the  same  time,  it  may  be  determined  by 
lot  which  shall  be  chief  justice.  Any  judge  of  either  of  said  courts 
shall  have  all  the  powers  of  a  circuit  judge,  and  may  hold  the  court 
of  which  he  is  a  member.  Each  of  them  may  hold  a  different  branch 
thereof  at  the  same  time. 

§  25.  The  judges  of  the  superior  and  circuit  courts,  and  the 
State’s  attorney,  in  said  county,  shall  receive  the  same  salaries,  paya¬ 
ble  out  of  the  State  treasury,  as  is  or  may  be  paid  from  said  treasury 
to  the  circuit  judges  and  State’s  attorneys  of  the  State,  and  such 
further  compensation,  to  be  paid  by  the  County  of  Cook,  as  is  or  may 
be  provided  by  law.  Such  compensation  shall  not  be  changed  dur¬ 
ing  their  continuance  in  office. 

§  26.  The  recorder’s  court  of  the  city  of  Chicago  shall  be  contin¬ 
ued,  and  shall  be  called  the  “Criminal  Court  of  Cook  County.”  It  shall 
have  the  jurisdiction  of  a  circuit  court  in  all  cases  of  criminal  and 
quasi  criminal  nature,  arising  in  the  county  of  Cook,  or  that  may  be 
brought  before  said  court  pursuant  to  law;  and  all  recognizances  and 
appeals  taken  in  said  county,  in  criminal  and  quasi  criminal  cases, 


shall  be  returnable  and  taken  to  said  court.  It  shall  have  no  juris¬ 
diction  in  civil  cases,  except  in  those  on  behalf  of  the  people,  and  in¬ 
cident  to  such  criminal  or  quasi  criminal  matters,  and  to  dispose  of 
unfinished  business.  The  terms  of  said  criminal  court  of  Cook 
county  shall  be  held  by  one  or  more  of  the  judges  of  the  circuit  or 
superior  court  of  Cook  county,  as  nearly  as  may  be  in  alternation,  as 
may  be  determined  by  said  judges,  or  provided  by  law.  Said  judges 
shall  be  ex  officio  judges  of  said  court. 

§  27.  The  present  clerk  of  the  recorder's  court  of  the  city  of  Chi¬ 
cago  shall  be  the  clerk  of  the  criminal  court  of  Cook  county  during 
the  term  for  which  he  was  elected.  The  present  clerks  of  the  supe¬ 
rior  court  of  Chicago,  and  the  present  clerk  of  the  circuit  court  of 
Cook  county,  shall  continue  in  office  during  the  terms  for  which  they 
were  respectively  elected;  and  thereafter  there  shall  be  but  one  clerk 
of  the  superior  court,  to  be  elected  by  the  qualified  electors  of  said 
county,  who  shall  hold  his  office  for  the  term  of  four  years,  and  until 
his  successor  is  elected  and  qualified. 

§  28.  All  justices  of  the  peace  in  the  city  of  Chicago  shall  be  ap¬ 
pointed  by  the  governor,  by  and  with  the  advice  and  consent  of  the 
senate  (but  only  upon  the  recommendation  of  a  majority  of  the  judges 
of  the  circuit,  superior  and  county  courts) ,  and  for  such  districts  as 
are  now  or  shall  hereafter  be  provided  by  law.  They  shall  hold  their 
offices  for  four  years,  and  until  their  successors  have  been  commis¬ 
sioned  and  qualified,  but  they  may  be  removed  by  summary  proceed¬ 
ing  in  the  circuit  or  superior  court,  for  extortion  or  other  malfeasance. 
Existing  justices  of  the  peace  and  police  magistrates  may  hold  their 
offices  until  the  expiration  of  their  respective  terms. 

[The  People  v.  O’Toole,  164  Ill.,  344.] 

GENERAL  PROVISIONS. 

§  29.  All  judicial  officers  shall  be  commissioned  by  the  governor. 
All  laws  relating  to  courts  shall  be  general  and  of  uniform  operation; 
and  the  organization,  jurisdiction,  powers,  proceedings  and  practice 
of  all  courts  of  the  same  class  or  grade,  so  far  as  regulated  by  law, 
and  the  force  and  effect  of  the  process,  judgments  and  decrees  of 
such  courts,  severally,  shall  be  uniform. 

[The  People  v.  Onahan,  170  Ill.,  449.] 

§  30.  The  general  assembly  may,  for  cause  entered  on  the  jour¬ 
nals,  upon  due  notice  and  opportunity  of  defense,  remove  from  office 
any  judge,  upon  concurrence  of  three-fourths  of  all  the  members 
elected,  of  each  house.  All  other  officers  in  this  article  mentioned 
shall  be  removed  from  office  on  prosecution  and  final  conviction  for 
misdemeanor  in  office. 

§  31.  All  judges  of  courts  of  record,  inferior  to  the  supreme  court, 
shall,  on  or  before  the  first  day  of  June  of  each  year,  report  in 
writing  to  the  judges  of  the  supreme  court  such  defects  and  omis¬ 
sions  in  the  laws  as  their  experience  may  suggest;  and  the  judges  of 


— c  C 


34 


the  supreme  court  shall,  on  or  before  the  first  day  of  January  of  each 
year,  report  in  writing  to  the  governor  such  defects  and  omissions  in 
the  constitution  and  laws  as  they  may  find  to  exist,  together  with 
appropriate  forms  of  bills  to  cure  such  defects  and  ommissionsin  the 
laws.  And  the  judges  of  the  several  circuit  courts  shall  report  to 
the  next  general  assembly  the  number  of  days  they  have  held  court 
in  the  several  counties  composing  their  respective  circuits,  the  pre¬ 
ceding  two  years. 

§  32.  All  officers  provided  for  in  this  article  shall  hold  their  offices 
until  their  successors  shall  be  qualified,  and  they  shall,  respectively, 
reside  in  the  division,  circuit,  county  or  district  for  which  they  may 
be  elected  or  appointed.  The  terms  of  office  of  all  such  officers, 
where  not  otherwise  prescribed  in  this  article,  shall  be  four  years. 
All  officers,  where  not  otherwise  provided  for  in  this  article,  shall 
perform  such  duties  and  receive  such  compensation  as  is  or  may  be 
provided  by  law.  Vacancies  in  such  elective  offices  shall  be  filled 
by  election;  but  where  the  unexpired  term  does  not  exceed  one  year 
the  vacancy  shall  be  filled  by  appointment,  as  follows:  Of  judges, 
by  the  governor;  of  clerks  of  courts,  by  the  court  to  which  the 
office  appertains,  or  by  the  judge  or  judges  thereof;  and  of  all  such 
other  offices,  by  the  board  of  supervisors,  or  board  of  county  com¬ 
missioners,  in  the  county  where  the  vacancy  occurs. 

.§  33.  All  process  shall  run:  In  the  name  of  the  People  of  the 
State  of  Illinois;  and  all  prosecutions  shall  be  carried  on:  In  the 
name  and  by  the  authority  of  the  People  of  the  State  of  Illinois ; 
and  conclude:  Against  the  peace  and  dignity  of  the  same.  “Popu¬ 
lation,”  wherever  used  in  this  article,  shall  be  determined  by  the 
next  preceding  census  of  this  State,  or  of  the  United  States. 

[Montray  v.  The  People,  162  Ill.,  194.] 


Article  VII. 


SUFFRAGE  (1). 


g  1.  Qualification  of  Voters, 
g  2.  All  Voting  to  be  by  Ballot, 
g  3.  Privileges  of  Electors, 
g  4.  Voting  Residence. 


g  5.  Soldier  in  U.  S.  Army, 
g  6.  Qualifications  for  Office, 
g  7.  Persons  Convicted  of  Crime. 


§  1.  Every  person  having  resided  in  this  State  one  year,  in  the 
county  ninety  days  and  in  the  election  district  thirty  days  next 
preceding  any  election  therein,  who  was  an  elector  in  this  State  on 
the  first  day  of  April,  in  the  year  of  our  Lord,  one  thousand  eight 
hundred  and  forty-eight,  or  obtained  a  certificate  of  naturalization, 
before  any  court  of  record  in  this  State,  prior  to  the  first  day  of 
January,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
seventy,  or  wffio  shall  be  a  male  citizen  of  the  United  States,  above 
the  age  of  twenty-one  years,  shall  be  entitled  to  vote  at  such  election. 

§  2.  All  votes  shall  be  by  ballot. 


(1)  This  article  is  practically  the  same  as  the  corresponding  article  in  the  constitution 
of  1843  except  the  first  section,  which  in  the  earlier  constitution  restricted  the  suffrage  to 
white  male  citizens  above  the  age  of  twenty-one  years,  who  had  resided  in  the  State  one 
year. 


35 


§  3.  Electors  shall,  in  all  cases  except  treason,  felony  or  breach 
of  the  peace,  be  privileged  from  arrest  during  their  attendance  at 
elections  and  in  going  to  and  returning  from  the  same.  And  no  elec- 
tor  shall  be  required  to  do  military  duty  on  the  days  of  election, 
except  in  time  of  war  or  public  danger. 

§  4.  No  elector  shall  be  deemed  to  have  lost  his  residence  in 
this  State  by  reason  of  his  absenceon  business  of  the  United  States  or 
of  this  State,  or  in  the  military  or  naval  service  of  the  United  States. 

§  5.  No  soldier,  seaman  or  marine  in  the  army  or  navy  of  the 
United  States  shall  be  deemed  a  resident  of  this  State  in  consequence 
of  being  stationed  therein. 

§  6.  No  person  shall  be  elected  or  appointed  to  any  office  in  this 
State,  civil  or  military,  who  is  not  a  citizen  of  the  United  States, 
and  who  shall  not  have  resided  in  this  State  one  year  next  preceding 
the  election  or  appointment. 

§  7.  The  general  assembly  shall  pass  laws  excluding  from  the 
right  of  suffrage  persons  convicted  of  infamous  crimes. 


Article  VIII. 


EDUCATION  (1). 


|  1.  Free  Schools. 

$  2.  Gifts  or  Grants  in  aid  of  Schools. 

|  3.  Aid  to  Sectarian  Schools  Prohibited. 


§  4.  Sale  of  Text  Books— Teachers  and  Offi¬ 
cers. 

§  5.  County  Superintendent  of  Schools. 


§  1.  The  general  assembly  shall  provide  a  thorough  and  efficient 
system  of  free  schools  whereby  all  children  of  this  State  may  receive 
a  good  common  school  education. 

§  2.  All  lands,  moneys  or  other  property,  donated,  granted  or  re¬ 
ceived  for  school,  college,  seminary  or  university  purposes,  and  the 
proceeds  thereof,  shall  be  faithfully  applied  to  the  objects  for  which 
such  gifts  or  grants  were  made. 

§.  3.  Neither  the  general  assembly  nor  any  county,  city,  towm, 
township,  school  district  or  other  public  corporation  shall  ever  make 
any  appropriation  or  pay  from  any  public  fund  whatever,  anything 
in  aid  of  any  church  or  sectarian  purpose,  or  to  help  support  or  sus¬ 
tain  any  school,  academy,  seminary,  college,  university  or  other 
literary  or  scientific  institution,  controlled  by  any  church  or  sectarian 
denomination  whatever;  nor  shall  any  grant  or  donation  of  land, 
money  or  other  personal  property  ever  be  made  by  the  State  or  any 
such  public  corporation  to  any  church  or  for  any  sectarian  purpose. 


(1)  Section  six  of  the  Enabling:  Act  of  Congress  of  April  18,  1818  (3  U.  S.  Statutes  at 
Large.  428),  provided  that  the  section  numbered  sixteen  in  every  township  or  its  equivalent 
should  be  granted  to  the  State  for  the  use  of  the  inhabitants  of  such  township,  for  the  use 
of  schools;  a  proposition  that  was  accepted  by  the  constitutional  convention  and  gave  the 
State  the  right  to  such  numbered  section  of  every  township.  It  was  also  provided  that 
three  per  cent  of  the  net  proceeds  of  all  lands  lying  within  the  State  sold  by  Congress  after 
January  1,  1819,  should  be  appropriated  by  tne  Legislature  of  the  State  for  the  encourage¬ 
ment  of  learning,  one-sixth  of  which  was  to  be  exclusively  bestowed  on  a  college  or  univers¬ 
ity.  Unfortunately  for  the  State,  the  lands  disposed  of  by  the  United  States  in  satisfaction 
of  military  land  warrants  were  held  to  be  excluded  from  this  provision  (110  U.  S.,  471),  so 
that  up  to  1895  the  State  had  realized  from  this  source  for  the  permanent  school  fund  only 
about  one  hundred  and  fifty  thousand  dollars. 


36 


§  4.  No  teacher,  State,  county,  township  or  district  school  officer 
shall  be  interested  in  the  sale,  proceeds  or  profits  of  any  book,  ap¬ 
paratus  or  furniture,  used  or  to  be  used  in  any  school  in  this  State, 
with  which  such  officer  or  teacher  may  be  connected,  under  such 
penalties  as  may  be  provided  by  the  general  assembly. 

§  5.  There  may  be  a  county  superintendent  of  schools  in  each 
county,  whose  qualifications,  powers,  duties,  compensation  and  time 
and  manner  of  election  and  term  of  office  shall  be  prescribed  by  law. 


Article  IX. 


REVENUE. 


1  1.  Taxation  Shall  be  Uniform. 

§  2.  Other  and  Further  Taxation. 

§  3.  Property  Exempt  from  Taxation, 
g  4.  Sale  of  Real  Property  for  Taxes. 

I  5.  Right  of  Redemption, 
g  6.  Release  from  Taxation  Forbidden. 
§  7.  Taxes  Paid  into  State  Treasury. 


§  8.  Limitation  on  County  Taxes. 

§  9.  Local  Municipal  Improvements. 

§  10.  Municipal  Taxation. 

§  11.  Defaulting  Officers. 

§  12.  Limitation  of  Municipal  Indebtedness. 
§13.  World’s  Columbian  Exposition. 


§  1.  The  general  assembly  shall  provide  such  revenue  as  may 
be  needful  by  levying  a  tax,  by  valuation,  so  that  every  person  and 
corporation  shall  pay  a  tax  in  proportion  to  the  value  of  his,  her 
or  its  property — such  value  to  be  ascertained  by  some  person  or 
persons  to  be  elected  or  appointed  in  such  manner  as  the  general 
assembly  shall  direct,  and  not  otherwise;  but  the  general  assembly 
shall  have  power  to  tax  peddlers,  auctioneers,  brokers,  hawkers, 
merchants,  commission  merchants,  showmen,  jugglers,  inn-keepers, 
grocery-keepers,  liquor-dealers,  toll-bridges,  ferries,  insurance,  tele¬ 
graph  and  express  interests  or  business,  venders  of  patents  and  persons 
or  corporations  owning  or  using  franchises  and  privileges,  in  such 
manner  as  it  shall  from  time  to  time  direct  by  general  law,  uniform 
as  to  the  class  upon  which  it  operates. 

[Union  Cent.  Life  Ins.  Co.  v.  Durfee,  164  Ill.,  186;  Banta  v.  City  of  Chi¬ 
cago,  172  Ill.,  204.] 

§  2.  The  specification  of  the  objects  and  subjects  of  taxation 
shall  not  deprive  the  general  assembly  of  the  power  to  require  other 
subjects  or  objects  to  be  taxed,  in  such  manner  as  may  be  consistent 
with  the  principles  of  taxation  fixed  in  this  constitution. 

§  3.  The  property  of  the  State,  counties,  and  other  municipal 
corporations,  both  real  and  personal,  and  such  other  property  as 
may  be  used  exclusively  for  agricultural  and  horticultural  societies, 
for  school,  religious,  cemetery  and  charitable  purposes,  may  be  ex¬ 
empted  from  taxation;  but  such  exemption  shall  be  only  by  general 
law.  In  the  assessment  of  real  estate  incumbered  by  public  ease¬ 
ment,  any  depreciation  occasioned  by  such  easement  may  be  de¬ 
ducted  in  the  valuation  of  such  property. 

§  4.  The  general  assembly  shall  provide,  in  all  cases  where  it 
may  be  necessary  to  sell  real  estate  for  the  non-payment  of  taxes  or 
special  assessments,  for  State,  county,  municipal,  or  other  purposes, 
that  a  return  of  such  unpaid  taxes  or  assessments  shall  be  made  to 
some  general  officer  of  the  county  having  authority  to  receive  State 


and  county  taxes;  and  there  shall  be  no  sale  of  said  property  for 
any  of  said  taxes  or  assessments  but  by  said  officer,  upon  the  order 
or  judgment  of  some  court  of  record. 

§  5.  The  right  of  redemption  from  all  sales  of  real  estate  for  the 
non-payment  of  taxes  or  special  assessments  of  any  character  what¬ 
ever,  shall  exist  in  favor  of  owners  and  persons  interested  in  such 
real  estate  for  a  period  of  not  less  than  two  years  from  such  sales 
thereof.  And  the  general  assembly  shall  provide,  by  law,  for  rea¬ 
sonable  notice  to  be  given  to  the  owners  or  parties  interested,  by 
publication  or  otherwise,  of  the  fact  of  the  sale  of  the  property  for 
such  taxes  or  assessments,  and  when  the  time  of  redemption  shall 
exj^ire:  Provided,  that  occux^ants  shall  in  alhcases  be  served  with 
personal  notice  before  the  time  of  redemption  exx3ires. 

§  6.  The  general  assembly  shall  have  no  power  to  release  or  dis¬ 
charge  any  county,  city,  township,  town  or  district  whatever,  or  the 
inhabitants  thereof,  or  the  x^roperty  therein,  from  their  or  its  prox^or- 
tionate  share  of  taxes  to  be  levied  for  State  purx^oses,  nor  shall  com¬ 
mutation  for  such  taxes  be  authorized  in  any  form  whatsoever. 

§  7.  All  taxes  levied  for  State  purxxjses  shall  be  ioaid  into  the 
State  treasury. 

§  8.  County  authorities  shall  never  assess  taxes  the  aggreate  of 
which  shall  exceed  seventy-five  cents  per  one  hundred  dollars  valua¬ 
tion,  except  for  the  payment  of  indebtedness  existing  at  the  adoxDtion 
of  this  constitution,  unless  authorized  by  a  vote  of  the  peoxde  of  the 
county. 

§  9.  The  general  assembly  may  vest  the  corporate  authorities  of 
cities,  towns  and  villages  with  x^ower  to  make  local  improvements  by 
special  assessment  or  by  special  taxation  of  contiguous  prox^erty,  or 
otherwise.  For  all  other  corporate  purposes,  all  municix^al  corpora¬ 
tions  may  be  vested  with  authority  to  assess  and  collect  taxes;  but 
such  taxes  shall  be  uniform  in  respect  to  x^ersons  and  property  within 
the  jurisdiction  of  the  body  imposing  the  same. 

[Shepherd  v.  City  of  Sullivan,  166  Ill.,  78;  West  Chicago  Park  Commis¬ 
sioners  v.  Sweet,  167  Ill.,  320;  I.  C.  R.  R.  Co.  v.  The  People,  170  Ill.,  224; 
West  Chicago  Park  Commissioners  v.  Farber,  171  Ill.,  146;  Hoover  v.  The 
People,  171  Ill.,  182;  The  People  v.  Knoph,  171  Ill.,  191;  Babb  v.  The  Peo¬ 
ple,  172  Ill.,  376;  City  of  Chicago  v.  Cement  Co.,  178  Ill.,  372.] 

§  10.  The  general  assembly  shall  not  imxnose  taxes  uxdoii  munici¬ 
pal  corporations,  or  the  inhabitants  or  property  thereof,  for  corxoorate 
purposes,  but  shall  require  that  all  the  taxable  property  within  the 
limits  of  municipal  corporations  shall  be  taxed  for  the  payment  of 
debts  contracted  under  authority  of  law,  such  taxes  to  be  uniform  in 
respect  to  persons  and  property  within  the  jurisdiction  of  the  body 
imposing  the  same.  Private  property  shall  not  be  liable  to  be  taken 
or  sold  for  the  payment  of  the  corporate  debts  of  a  municipal  cor¬ 
poration. 

[City  of  Chicago  v.  Cement  Co.,  178  Ill.,  372.] 

§  11.  No  person  who  is  in  default,  as  collector  or  custodian  of 
money  or  property  belonging  to  a  municipal  corporation,  shall  be 


88 


eligible  to  any  office  in  or  under  such  corporation.  The  fees,  salary 
or  compensation  of  no  municipal  officer  who  is  elected  or  appointed 
for  a  definite  term  of  office  shall  be  increased  or  diminished  during 
such  term. 

§  12.  No  county,  city,  township,  school  district,  or  other  municipal 
corporation  shall  be  allowed  to  become  indebted  in  any  manner  or 
for  any  purpose  to  an  amount,  including  existing  indebtedness  in  the 
aggregate  exceeding  five  per  centum  on  the  value  of  the  taxable 
property  therein,  to  be  ascertained  by  the  last  assessment  for  State 
and  county  taxes  previous  to  the  incurring  of  such  indebtedness. 
Any  county,  city,  school  district,  or  other  municipal  corporation  in¬ 
curring  any  indebtedness  as  aforesaid,  shall  before,  or  at  the  time  of 
doing  so,  provide  for  the  collection  of  a  direct  annual  tax  sufficient 
to  pay  the  interest  on  such  debt  as  it  falls  due,  and  also  to  pay  and 
discharge  the  principal  thereof  within  twenty  years  from  the  time  of 
contracting  the  same.  This  section  shall  not  be  construed  to  pre¬ 
vent  any  county,  city,  township,  school  district,  or  other  municipal 
corporation,  from  issuing  their  bonds  in  compliance  with  any  vote  of 
the  people  which  may  have  been  had  prior  to  the  adoption  of  this 
constitution  in  pursuance  of  any  law  providing  therefor. 

[City  of  Chicago  v.  McDonald,  176  Ill.,  404;  Town  of  Kankakee,  v.  McGrew, 
178  Ill.,  74;  City  of  Chicago  v.  Cement  Co.,  178  Ill.,  372.] 

§  18.  The  corporate  authorities  of  the  city  of  Chicago,  are  hereby 
authorized  to  issue  interest-bearing  bonds  of  said  city  to  an  amount 
not  exceeding  five  million  dollars,  at  a  rate  of  interest  not  to  exceed 
five  per  centum  per  annum,  the  principal  payable  within  thirty  years 
from  the  date  of  their  issue,  and  the  proceeds  thereof  shall  be  paid 
to  the  treasurer  of  the  World’s  Columbian  Exposition,  and  used  and 
disbursed  by  him  under  the  direction  and  control  of  the  directors,  in 
aid  of  the  World's  Columbian  Exposition,  to  be  held  in  the  city  of 
Chicago,  in  pursuance  of  an  act  of  Congress  of  the  United  States. 

Provided,  That  if  at  the  election  for  the  adoption  of  this  amend¬ 
ment  to  the  constitution,  a  majority  of  the  votes  cast  within  the 
limits  of  the  city  of  Chicago,  shall  be  against  its  adoption,  then  no 
bonds  shall  be  issued  under  this  amendment. 

And  said  corporate  authorities  shall  be  repaid  as  large  a  propor¬ 
tionate  amount  of  the  aid  given  by  them  as  is  repaid  to  the  stock¬ 
holders  on  the  sums  subscribed  and  paid  by  them,  and  the  money  so 
received  shall  be  used  in  the  redemption  of  the  bonds  issued  as  afore¬ 
said,  provided  that  said  authorities  may  take  in  whole  or  in  part  of 
the  sum  coming  to  them  any  permanent  improvements  placed  on 
land  held  or  controlled  by  them. 

And,  provided  further,  That  no  such  indebtedness  so  created  shall 
in  any  part  thereof  be  paid  by  the  State,  or  from  any  State  revenue, 
tax  or  fund,  but  the  same  shall  be  paid  by  the  said  city  of  Chicago 
alone.* 


*This  added  section  was  proposed  by  the  General  Assembly  at  the  special  session.  1890, 
ratified  by  a  vote  of  the  people  November  4th,  1890.  and  at  such  election  a  majority  of  the 
votes  cast  within  the  limits  of  the  city  of  Chicago  were  cast  in  favor  of  its  adoption,  and  it 
was  proclaimed  adopted  by  the  Governor. 


39 


ARTICLE  X. 


COUNTIES. 


3  1.  New  Counties. 

I  2.  Division  of  any  County. 

\  3.  Attaching  or  Detaching  Territory. 
\  4.  Removal  of  County  Seats. 

I  5.  County  Government. 

I  6.  Board  of  County  Commissioners. 

I  7.  County  Affairs  in  Cook  County. 


I  8.  County  Officers— Terms  of  Office. 

I  9.  Salaries  and  Fees  in  Cook  County. 
\  10.  Salaries  Fixed  by  County  Board. 

?  11.  Township  Officers’  Fees. 

\  12.  Officers’  Fees. 

$  13.  Sworn  Reports  of  Fees. 


Section  1.  No  new  county  shall  be  formed  or  established  by  the 
general  assembly  which  will  reduce  the  county  or  counties,  or  either 
of  them,  from  which  it  shall  be  taken  to  less  contents  than  four  hun¬ 
dred  square  miles;  nor  shall  any  county  be  formed  of  less  contents; 
nor  shall  any  line  thereof  pass  within  less  than  ten  miles  of  any  county 
seat  of  the  county  or  counties  proposed  to  be  divided. 

§  2.  No  county  shall  be  divided,  or  have  any  part  stricken  there¬ 
from,  without  submitting  the  question  to  a  vote  of  the  people  of  the 
county,  nor  unless  a  majority  of  all  the  legal  voters  of  the  county 
voting  on  the  question  shall  vote  for  the  same. 

§  3.  There  shall  be  no  territory  stricken  from  any  county,  unless 
a  majority  of  the  voters  living  in  such  territory  shall  petition  for 
such  division;  and  no  territory  shall  be  added  to  any  county  without 
the  consent  of  the  majority  of  the  voters  of  the  county  to  which  it 
is  proposed  to  be  added.  But  the  portion  so  stricken  off  and  added 
to  another  county,  or  formed  in  whole  or  in  part  into  a  new  county, 
shall  be  holden  for,  and  obliged  to  pay  its  proportion  of,  the  in¬ 
debtedness  of  the  county  from  which  it  has  been  taken. 


COUNTY  SEATS. 

§  4.  No  county  seat  shall  be  removed  until  the  point  to  which  it 
is  proposed  to  be  removed  shall  be  fixed  in  pursuance  of  law,  and 
three-fifths  of  the  voters  of  the  county,  to  be  ascertained  in  such 
manner  as  shall  be  provided  by  general  law,  shall  have  voted  in  favor 
of  its  removal  to  such  point;  and  no  person  shall  vote  on  such  ques¬ 
tion  who  has  not  resided  in  the  county  six  months,  and  in  the  elec¬ 
tion  precinct  ninety  days  next  preceding  such  election.  The  ques¬ 
tion  of  the  removal  of  a  county  seat  shall  not  be  oftener  submitted 
than  once  in  ten  years,  to  a  vote  of  the  people.  But  when  an  attempt 
is  made  to  remove  a  county  seat  to  a  point  nearer  to  the  center  of 
a  county,  then  a  majority  vote  only  shall  be  necessary. 

COUNTY  GOVERNMENT. 

§  5.  The  general  assembly  shall  provide,  by  general  law,  for 
township  organization,  under  which  any  county  may  organize  when¬ 
ever  a  majority  of  the  legal  voters  of  such  county,  voting  at  any  gen¬ 
eral  election,  shall  so  determine;  and  whenever  any  county  shall 
adopt  township  organizaton,  so  much  of  this  constitution  as  pro¬ 
vides  for  the  management  of  the  fiscal  concerns  of  the  said  county 
by  the  board  of  county  commissioners,  may  be  dispensed  with,  and 
the  affairs  of  said  county  may  be  transacted  in  such  manner  as  the 


40 


general  assembly  may  provide.  And  in  any  county  that  shall  have 
adopted  a  township  organization,  the  question  of  continuing  the 
same  may  be  submitted  to  a  vote  of  the  electors  of  such  county,  at  a 
general  election,  in  the  manner  that  now  is  or  may  be  provided  by 
law;  and  if  a  majority  of  all  the  votes  cast  upon  that  question  shall 
be  against  township  organization,  then  such  organization  shall  cease 
in  said  county;  and  all  laws  in  force  in  relation  to  counties  not  hav¬ 
ing  township  organization,  shall  immediately  take  effect  and  be  in 
force  in  such  county.  No  two  townships  shall  have  the  same  name, 
and  the  day  of  holding  the  annual  township  meeting  shall  be  uniform 
throughout  the  State. 

[The  People  v.  Commissioners  of  Cook  Counts1 * * * * * 7,  176  Ill.  576;  The  People  v. 
Martin,  178  111.  611;  The  People  v.  Lewis,  178  Ill.  629.] 

§  6.  At  the  first  election  of  county  judges  under  this  constitution, 
there  shall  be  elected  in  each  of  the  counties  in  this  State,  not  under 
township  organization,  three  officers,  who  shall  be  styled,  “The  board 
of  county  commissioners,”  who  shall  hold  sessions  for  the  transaction 
of  county  business  as  shall  be  provided  by  law.  One  of  said  com¬ 
missioners  shall  hold  his  office  for  one  year,  one  for  two  years,  and 
one  for  three  years,  to  be  determined  by  lot;  and  every  year  there¬ 
after  one  such  officer  shall  be  elected  in  each  of  said  counties  for  the 
term  of  three  years. 

§  7.  The  county  affairs  of  Cook  county  shall  be  managed  by  a 
board  of  Commissioners  of  fifteen  persons,  ten  of  whom  shall  be 
elected  from  the  city  of  Chicago  and  five  from  towns  outside  of  said 
city,  in  such  manner  as  may  be  provided  by  law 

[The  People  v.  Commissioners  of  Cook  County,  176  Ill.  576.] 

COUNTY  OFFICERS  AND  THEIR  COMPENSATION.  (1) 

§  8.  In  each  county  there  shall  be  elected  the  following  county 
officers,  at  the  general  election  to  be  held  on  the  Tuesday  after  the 
first  Monday  in  November,  A.  D.  1882:  A  county  judge,  county 
clerk,  sheriff  and  treasurer,  and  at  the  election  to  be  held  on  the  Tuesday 
after  the  first  Monday  in  November,  A.  D.  1884,  a  coroner  and  clerk 
of  the  circuit  court  (who  may  be  ex  officio  recorder  of  deeds,  except 
in  counties  having  60,000  and  more  inhabitants,  in  which  counties  a 
recorder  of  deeds  shall  be  elected  at  the  general  election  in  1884). 
Each  of  said  officers  shall  enter  upon  the  duties  of  his  office,  respect¬ 
ively,  on  the  first  Monday  of  December  after  his  election,  and  they 

(1)  As  modified  by  the  second  amendment  to  the  Constitution  of  1870.  The  joint  resolu 
tion  was  adopted  by  the  Senate  March  4.  1879,  and  by  the  House  May  22.  1879.  It  was  adopted 

by  the  vote  of  the  people  November  2,  1880,  and  proclaimed  ratified  November  22,  1880. 

The  section  as  originally  adopted  in  the  Constitution  of  1870 read  as  follows: 

“Section  8.  In  each  county  there  shall  be  elected  the  following  county  officers:  County 
judge,  sheriff,  county  clerk,  clerk  of  the  circuit  court  (who  may  be  ex  officio  recorder  of 
deeds,  except  in  counties  having  sixty  thousand  and  more  inhabitants,  in  which  counties 
a  recorder  of  deeds  shall  be  elected  at  the  general  election  in  the  year  of  our  Lord  1872), 
treasurer,  surveyor  and  coroner,  each  of  whom  shall  enter  upon  the  duties  of  his  office, 
respectively,  on  the  first  Monday  of  December  after  their  election:  and  they  shall  hold 

their  respective  offices  for  the  term  of  four  years,  except  the  treasurer,  sheriff  and  coroner, 

who  shall  hold  their  offices  for  two  years,  and  until  their  successors  shall  be  elected  and 

qualified.” 


41 


shall  hold  their  respective  offices  for  the  term  of  four  years,  and  un¬ 
til  their  successors  are  elected  and  qualified:  Provided,  that  no 
person  having  once  been  elected  to  the  office  of  sheriff  or  treasurer, 
shall  be  eligible  to  re-election  to  said  office  for  four  years  after  the 
expiration  of  the  term  for  which  he  shall  have  been  elected. 

{The  People  v.  Knoph,  171  Ill.  191;  Babb  v.  The  People,  172  Ill.  376,] 

§  9.  The  clerks  of  all  courts  of  record,  the  treasurer,  sheriff,  cor¬ 
oner  and  recorder  of  deeds  of  Cook  county,  shall  receive  as  their 
only  compensation  for  their  services,  salaries  to  be  fixed  by  law, 
which  shall  in  no  case  be  as  much  as  the  lawful  compensation  of  a 
judge  of  the  circuit  court  of  said  county  and  shall  be  paid,  respect¬ 
ively,  only  out  of  the  fees  of  the  office  actually  collected.  All  fees, 
perquisites  and  emoluments  (above  the  amount  of  said  salaries)  shall 
be  paid  into  the  county  treasury.  The  number  of  the  deputies  and 
assistants  of  such  officers  shall  be  determined  by  rule  of  the  circuit 
court,  to  be  entered  of  record,  and  their  compensation  shall  be  de¬ 
termined  by  the  county  board. 

[County  of  Cook  v.  Hartney,  169  Ill.  566.] 

§  10.  The  county  board,  except  as  provided  in  section  nine  of 
this  article,  shall  fix  the  compensation  of  all  county  officers,  with  the 
amount  of  their  necessary  clerk  hire,  stationery,  fuel  and  other  ex¬ 
penses,  and  in  all  cases  where  fees  are  provided  for,  said  compensa¬ 
tion  shall  be  paid  only  out  of,  and  shall  in  no  instance  exceed,  the 
fees  actually  collected;  they  shall  not  allow  either  of  them  more  per 
annum  than  fifteen  hundred  dollars,  in  counties  not  exceeding  twenty 
thousand  inhabitants;  two  thousand  dollars,  in  counties  containing 
twenty  thousand  and  not  exceeding  thirty  thousand  inhabitants; 
twenty-five  hundred  dollars,  in  counties  containing  thirty  thousand 
and  not  exceeding  fifty  thousand  inhabitants;  three  thousand  dollars, 
in  counties  containing  fifty  thousand  and  not  exceeding  seventy 
thousand  inhabitants;  thirty-five  hundred  dollars,  in  counties  con¬ 
taining  seventy  thousand  and  not  exceeding  one  hundred  thousand 
inhabitants;  and  four  thousand  dollars,  in  counties  containing  over 
one  hundred  thousand,  and  not  exceeding  two  hundred  and  fifty 
thousand  inhabitants;  and  not  more  than  one  thousand  dollars  addi¬ 
tional  compensation  for  each  additional  one  hundred  thousand  in¬ 
habitants:  Provided,  that  the  compensation  of  no  officer  shall  be 
increased  or  diminished  during  his  term  of  office.  All  fees  or  allow¬ 
ances  by  them  received,  in  excess  of  their  said  compensation,  shall 
be  paid  into  the  county  treasury. 

[Brissenden  v.  County  of  Clay,  161  Ill.,  216;  County  of  Cook  v.  Hartney, 
169  111.,  566.] 

§  11.  The  fees  of  township  officers,  and  of  each  class  of  county 
officers,  shall  be  uniform  in  the  class  of  counties  to  which  they 
respectively  belong.  The  compensation  herein  provided  for  shall 
apply  only  to  officers  hereafter  elected,  but  all  fees  established  by 
special  laws  shall  cease  at  the  adoption  of  this  constitution,  and  such 
officers  shall  receive  only  such  fees  as  are  provided  by  general  law. 


42 


§  12.  All  laws  fixing  the  fees  of  State,  county  and  township  offi¬ 
cers,  shall  terminate  with  the  terms  respectively  of  those  who  may 
be  in  office  at  the  meeting  of  the  first  general  assembly  after  the 
adoption  of  this  constitution;  and  the  general  assembly  shall,  by 
general  law,  uniform  in  its  operation,  provide  for  and  regulate  the 
fees  of  said  officers  and  their  successors,  so  as  to  reduce  the  same  to 
a  reasonable  compensation  for  services  actually  rendered.  But  the 
general  assembly  may,  by  general  law-,  classify  the  counties  by  pop¬ 
ulation  into  not  more  than  three  classes,  and  regulate  the  fees  ac¬ 
cording  to  class.  This  article  shall  not  be  construed  as  depriving 
the  general  assembly  of  the  power  to  reduce  the  fees  of  existing 
officers. 

§  13.  Every  person  who  is  elected  or  appointed  to  any  office  in 
this  State,  who  shall  be  paid  in  whole  or  in  part  by  fees,  shall  be  re¬ 
quired  by  law  to  make  a  semi-annual  report,  under  oath,  to  some 
officer  to  be  designated  by  law,  of  all  his  fees  and  emoluments. 

ARTICLE  XI. 


CORPORATIONS. 


§ 

g  1.  Organization  of  Corporations, 
g  2.  Existing  Charters, 
g  3.  Election  of  Directors  or  Managers, 
g  4.  Construction  of  Street  Railroads, 
g  5.  State  Bank  Forbidden— General  Law. 
g  6.  Liability  of  Bank  Stockholder, 
g  7.  Suspension  of  Specie  Payment, 
a  8.  Of  a  General  Banking  Law. 

9.  Railroad— Transfer  Offices,  Reports. 


3  10.  Personal  Property  of  Railroads. 

§  11.  Consolidations. 

3  12.  Railroads  Deemed  Highways— Rates 
Fixed. 

3  13.  Stock.  Bonds  and  Dividends. 

3  14.  Power  Over  Existing  Companies. 

3  15.  Freight  and  Passenger  Tariffs  Regu¬ 
lated. 


§  1.  No  corporation  shall  be  created  by  special  laws,  or  its  char¬ 
ter  extended,  changed  or  amended,  except  those  for  charitable,  edu¬ 
cational,  penal  or  reformatory  purposes,  which  are  to  be  and  remain 
under  the  patronage  and  control  of  the  State,  but  the  general  assembly 
shall  provide,  by  general  laws,  for  the  organization  of  all  corporations 
hereafter  to  be  created. 

§  2.  All  existing  charters  or  grants  of  special  or  exclusive  privi¬ 
leges,  under  which  organization  shall  not  have  taken  place,  or  which 
shall  not  have  been  in  operation  within  ten  days  from  the  time  this 
constitution  takes  effect,  shall  thereafter  have  no  validity  or  effect 
whatever. 

§  3.  The  general  assembly  shall  provide,  by  law,  that  in  all  elec¬ 
tions  for  directors  or  managers  of  incorporated  companies,  every 
stockholder  shall  have  the  right  to  vote,  in  person  or  by  proxy,  for 
the  number  of  shares  of  stock  owned  by  him,  for  as  many  persons  as 
there  are  directors  or  managers  to  be  elected,  or  to  cumulate  said 
shares,  and  give  one  candidate  as  many  votes  as  the  number  of  direc¬ 
tors  multiplied  by  the  number  of  his  shares  of  stock  shall  equal,  or 
to  distribute  them  on  the  same  principle  among  as  many  candidates 
as  he  shall  think  fit;  and  such  directors  or  managers  shall  not  be 
elected  in  any  other  manner. 


43 


§  4.  No  law  shall  be  passed  by  the  general  assembly  granting  the 
right  to  construct  and  operate  a  street  railroad  within  any  city,  town 
or  incorporated  village,  without  requiring  the  consent  of  the  local 
authorities  having  the  control  of  the  street  or  highway  proposed  to 
be  occupied  by  such  street  railroad. 

BANKS. 

§  5.  No  State  bank  shall  hereafter  be  created,  nor  shall  the  State 
own  or  be  liable  for  any  stock  in  any  corporation  or  joint  stock  com¬ 
pany  or  association  for  banking  purposes  now  created,  or  to  be  here¬ 
after  created.  No  act  of  the  general  assembly  authorizing  or  creating 
corporations  or  associations  with  banking  powers,  whether  of  issue, 
deposit  or  discount,  nor  amendments  thereto,  shall  go  into  effect  or 
in  any  manner  be  in  force,  unless  the  same  shall  be  submitted  to  a 
vote  of  the  people  at  the  general  election  next  succeeding  the  passage 
of  the  same,  and  be  approved  by  a  majority  of  all  the  votes  cast  at 
such  election  for  or  against  such  law. 

§  6.  Every  stockholder  in  a  banking  corporation  or  institution 
shall  be  individually  responsible  and  liable  to  its  creditors,  over 
and  above  the  amount  of  stock  by  him  or  her  held,  to  an  amount 
equal  to  his  or  her  respective  shares  so  held,  for  all  its  liabilities  ac¬ 
cruing  while  he  or  she  remains  such  stockholder. 

§  7.  The  suspension  of  specie  payments  by  banking  institutions, 
on  their  circulation,  created  by  the  laws  of  this  State,  shall  never  be 
permitted  or  sanctioned.  Every  banking  association  now,  or  which 
may  hereafter  be,  organized  under  the  laws  of  this  State,  shall  make 
and  publish  a  full  and  accurate  quarterly  statement  of  its  affairs 
(which  shall  be  certified  to,  under  oath,  by  one  or  more  of  its  officers) 
as  may  be  provided  by  law. 

§  8.  If  a  general  banking  law  shall  be  enacted,  it  shall  provide 
for  the  registry  and  countersigning,  by  an  officer  of  State,  of  all  bills 
or  paper  credit  designed  to  circulate  as  money,  and  require  security, 
to  the  full  amount  thereof,  to  be  deposited  with  the  state  treasurer, 
in  United  States  or  Illinois  State  stocks,  to  be  rated  at  ten  per  cent 
below  their  par  value;  and  in  case  of  a  depreciation  of  said  stocks  to 
the  amount  of  ten  per  cent  below  par,  the  bank  or  banks  owning 
said  stocks  shall  be  required  to  make  up  said  deficiency  by  deposit¬ 
ing  additional  stocks.  And  said  law  shall  also  provide  for  the  re¬ 
cording  of  the  names  of  all  stockholders  in  such  corporations,  the 
amount  of  stock  held  by  each,  the  time  of  any  transfer  thereof,  and 
to  whom  such  transfer  is  made. 

RAILROADS. 

§  9.  Every  railroad  corporation  organized  or  doing  business  in  this 
State,  under  the  laws  or  authority  thereof,  shall  have  and  maintain  a 
public  office  or  place  in  this  State  for  the  transaction  of  its  business, 
where  transfers  of  stock  shall  be  made,  and  in  which  shall  be  kept, 
for  public  inspection,  books  in  which  shall  be  recorded  the  amount 
of  capital  stock  subscribed,  and  by  whom;  the  names  of  the  owners 


44 


of  its  stock,  and  the  amounts  owned  by  them  respectively;  the  amount 
of  stock  paid  in,  and  by  whom;  the  transfers  of  said  stock;  the 
amount  of  its  assets  and  liabilities,  and  the  names  and  place  of  resi¬ 
dence  of  its  officers.  The  directors  of  every  railroad  corporation 
shall  annually  make  a  report,  under  oath,  to  the  auditor  of  public 
accounts,  or  some  officer  to  be  designated  by  law,  of  all  their  acts  and 
doings,  which  report  shall  include  such  matters  relating  to  railroads 
as  may  be  prescribed  by  law.  And  the  general  assembly  shall  pass 
laws  enforcing  by  suitable  penalties  the  provisions  of  this  section. 

§  10.  The  rolling  stock,  and  all  other  movable  property  belonging 
to  any  railroad  company  or  corporation  in  this  State,  shall  be  con¬ 
sidered  personal  property,  and  shall  be  liable  to  execution  and  sale 
in  the  same  manner  as  the  personal  property  of  individuals,  and  the 
general  assembly  shall  pass  no  law  exempting  any  such  property 
from  execution  and  sale. 

§  11.  No  railroad  corporation  shall  consolidate  its  stock,  property 
or  franchises  with  any  other  railroad  corporation  owning  a  parallel 
or  competing  line;  and  in  no  case  shall  any  consolidation  take  place 
except  upon  public  notice  given,  of  at  least  sixty  days,  to  all  stock¬ 
holders,  in  such  manner  as  may  be  provided  by  law.  A  majority  of 
the  directors  of  any  railroad  corporation,  now  incorporated  or  here¬ 
after  to  be  incorporated  by  the  laws  of  this  State,  shall  be  citizens 
and  residents  of  this  State. 

§  12.  Railways  hertofore  constructed  or  that  may  hereafter  be 
constructed  in  this  State,  are  hereby  declared  public  highways,  and 
shall  be  free  to  all  persons  for  the  transportation  of  their  persons 
and  property  thereon,  under  such  regulations  as  may  be  prescribed 
by  law.  And  the  general  assembty  shall,  from  time  to  time,  pass 
laws  establishing  reasonable  maximum  rates  of  charges  for  the  trans¬ 
portation  of  passengers  and  freight  on  the  different  railroads  in  this 
State. 

§  13.  No  railroad  corporation  shall  issue  any  stock  or  bonds,  ex¬ 
cept  for  money,  labor,  or  property  actually  received  and  applied  to 
the  purposes  for  which  such  corporation  was  created;  and  all  stock 
dividends,  and  other  fictitious  increase  of  capital  stock  or  indebted¬ 
ness  of  any  such  corporation,  shall  be  void.  The  capital  stock  of  no 
railroad  corporation  shall  be  increased  for  any  purpose,  except  upon 
giving  sixty  days  public  notice,  in  such  manner  as  may  be  provided 
by  law. 

§  14.  The  exercise  of  the  power  and  the  right  of  eminent  domain 
shall  never  be  so  construed  or  abridged  as  to  prevent  the  taking,  by 
the  general  assembly,  of  the  property  and  franchises  of  incorporated 
companies  already  organized,  and  subjecting  them  to  the  public  ne¬ 
cessity  the  same  as  of  individuals.  The  right  of  trial  by  jury  shall 
be  held  inviolate  in  all  trials  of  claims  for  compensation,  when,  in 
the  exercise  of  the  said  right  of  eminent  domain,  any  incorporated 
company  shall  be  interested  either  for  or  against  the  exercise  of  said 
right. 


45 


§  15.  The  general  assembly  shall  pass  laws  to  correct  abuses  and 
prevent  unjust  discrimination  and  extortion  in  the  rates  of  freight 
and  passenger  tariffs  on  the  different  railroads  in  this  State,  and  en¬ 
force  such  laws  by  adequate  penalties,  to  the  extent,  if  necessary  for 
that  purpose,  of  forfeiture  of  their  property  and  franchises. 

ARTICLE  XII. 


MILITIA. 


g  1.  Persons  Liable  to'Duty. 
g  2.  Organization— Equipment— Discipline, 
g  3.  Officers. 


4.  Privileged  from  Arrest. 

5.  Records,  etc..  Preservation. 

6.  Exemption  from  Duty. 


§  1.  The  militia  of  the  State  of  Illinois  shall  consist  of  all  able- 
bodied  male  persons,  resident  in  the  State,  between  the  ages  of 
eighteen  and  forty-five,  except  such  persons  as  now  are  or  hereafter 
may  be  exempted  by  the  laws  of  the  United  States  or  of  this  State. 

§  2.  The  general  assembly,  in  providing  for  the  organization, 
equipment  and  discipline  of  the  militia,  shall  conform  as  nearly  as 
practicable  to  the  regulations  for  the  government  of  the  armies  of 
the  United  States. 

§  3.  All  militia  officers  shall  be  commissioned  by  the  governor, 
and  may  hold  their  commissions  for  such  time  as  the  general  as¬ 
sembly  may  provide. 

§  4.  The  militia  shall,  in  all  cases  except  treason,  felony,  or 
breach  of  the  peace,  be  privileged  from  arrest  during  their  attend¬ 
ance  at  musters  and  elections,  and  in  going  to  and  returning  from 
the  same. 

§  5.  The  military  records,  banners  and  relics  of  the  State  shall 
be  preserved  as  an  enduring  memorial  of  the  patriotism  and  valor  of 
Illinois,  and  it  shall  be  the  duty  of  the  general  assembly  to  provide 
by  law  for  the  safe-keeping  of  the  same. 

§  6.  No  person  having  conscientious  scruples  against  bearing 
arms  shall  be  compelled  to  do  militia  duty  in  time  of  peace:  Pro¬ 
vided,  such  person  shall  pay  an  equivalent  for  such  exemption. 


ARTICLE  XIII. 


WAREHOUSES. 


g  1.  Public  Warehouses, 
g  2.  Weekly  Statements  Required, 
g  3.  Examination  of  Property  Stored, 
g  4.  Delivery  of  Full  Weights. 


g  5.  Delivery  of  Grain  by  Railroads, 
g  6.  Warehouse  Receipts, 
g  7.  Grain  Inspection. 


§  1.  All  elevators  or  storehouses  where  grain  or  other  property  is 
stored  for  a  compensation,  whether  the  property  stored  be  kept  sepa¬ 
rate  or  not,  are  declared  to  be  public  warehouses. 

§  2.  The  owner,  lessee  or  manager  of  each  and  every  public  ware¬ 
house  situated  in  any  town  or  city  of  not  less  than  one  hundred 
thousand  inhabitants,  shall  make  ^weekly  statements  under  oath,  be¬ 
fore  some  officer  to  be  designated  by  law,  and  keep  the  same  posted 


46 


in  some  conspicuous  place  in  the  office  of  such  warehouse,  and  shall 
also  file  a  copy  for  public  examination  in  such  place  as  shall  be  des¬ 
ignated  by  law,  which  statement  shall  correctly  set  forth  the  amount 
and  grade  of  each  and  every  kind  of  grain  in  such  warehouse,  to¬ 
gether  with  such  other  property  as  may  be  stored  therein,  and  what 
warehouse  receipts  have  been  issued,  and  are,  at  the  time  of  making 
such  statement,  outstanding  therefor;  and  shall,  on  the  copy  posted 
in  the  warehouse,  note  daily  such  changes  as  may  be  made  in  the 
quantity  and  grade  of  grain  in  such  warehouse;  and  the  different 
grades  of  grain  shipped  in  separate  lots  shall  not  be  mixed  with  in¬ 
ferior  or  superior  grades  without  the  consent  of  the  owner  or  con¬ 
signee  thereof. 

§  3.  The  owners  of  property  stored  in  any  warehouse,  or  holder 
of  a  receipt  for  the  same,  shall  always  be  at  liberty  to  examine  such 
property  stored,  and  all  the  books  and  records  of  the  warehouse,  in 
regard  to  such  property. 

§  4.  All  railroad  companies  and  other  common  carriers  on  rail¬ 
roads  shall  weigh  or  measure  grain  at  points  where  it  is  shipped  and 
receipt  for  the  full  amount,  and  shall  be  responsible  for  the  delivery 
of  such  amount  to  the  owner  or  consignee  thereof,  at  the  place  of 
destination. 

§  5.  All  railroad  companies  receiving  and  transporting  grain  in 
bulk  or  otherwise,  shall  deliver  the  same  to  any  consignee  thereof, 
or  any  elevator  or  public  warehouse  to  which  it  may  be  consigned, 
provided  such  consignee  or  the  elevator  or  public  warehouse  can  be 
reached  by  any  track  owned,  leased  or  used,  or  which  can  be  used, 
by  such  railroad  companies;  and  all  railroad  companies  shall  per¬ 
mit  connections  to  be  made  with  their  track,  so  that  any  such  con¬ 
signee  and  any  public  warehouse,  coal  bank  or  coal  yard  may  be 
reached  by  the  cars  on  said  railroad. 

§  6.  It  shall  be  the  duty  of  the  general  assembly  to  pass  all 
necessary  laws  to  prevent  the  issue  of  false  and  fraudulent  ware¬ 
house  receipts,  and  to  give  full  effect  to  this  article  of  the  consti¬ 
tution,  which  shall  be  liberally  construed  so  as  to  protect  producers 
and  shippers.  And  the  enumeration  of  the  remedies  herein  named 
shall  not  be  construed  to  deny  to  the  general  assembly  the  power  to 
prescribe  by  law  such  other  and  further  remedies  as  may  be  found 
expedient,  or  to  deprive  any  person  of  existing  common  law  reme¬ 
dies. 

§  7.  The  general  assembly  shall  pass  laws  for  the  inspection  of 
grain,  for  the  protection  of  producers,  shippers  and  receivers  of 
grain  and  produce. 


ARTICLE  XIV. 


AMENDMENTS  TO  THE  CONSTITUTION. 

§  1.  By  a  Convention.  I  §  2.  Proposed  by  the  Legislature. 

§  1.  Whenever  two-thirds  of  the  members  of  each  house  of  the 
general  assembly  shall,  by  a  vote  entered  upon  the  iournals  thereof, 


47 


concur  that  a  convention  is  necessary  to  revise,  alter  or  amend  the 
constitution,  the  question  shall  be  submitted  to  the  electors  at  the 
next  general  election.  If  a  majority  voting  at  the  election  vote  for 
a  convention,  the  general  assembly  shall,  at  the  next  session,  pro¬ 
vide  for  a  convention,  to  consist  of  double  the  number  of  members 
of  the  senate,  to  be  elected  in  the  same  manner,  at  the  same  places, 
and  in  the  same  districts.  The  general  assembly  shall,  in  the  act 
calling  the  convention,  designate  the  day,  hour  and  place  of  its  meet¬ 
ing,  fix  the  pay  of  its  members  and  officers,  and  provide  for  the  pay¬ 
ment  of  the  same,  together  with  the  expenses  necessarily  incurred 
by  the  convention  in  the  performance  of  its  duties.  Before  proceed¬ 
ing,  the  members  shall  take  an  oath  to  support  the  constitution  of 
the  United  States,  and  of  the  State  of  Illinois,  and  to  faithfully  dis¬ 
charge  their  duties  as  members  of  the  convention.  The  qualification 
of  members  shall  be  the  same  as  that  of  members  of  the  senate,  and 
vacancies  occurring  shall  be  filled  in  the  manner  provided  for  filling 
vacancies  in  the  general  assembly.  Said  convention  shall  meet 
within  three  months  after  such  election,  and  prepare  such  revision, 
alteration  or  amendments  of  the  constitution  as  shall  be  deemed 
necessary,  which  shall  be  submitted  to  the  electors  for  their  ratifica¬ 
tion  or  rejection  at  an  election  appointed  by  the  convention  for  that 
purpose,  not  less  than  two  nor  more  than  six  months  after  the  ad¬ 
journment  thereof;  and  unless  so  submitted,  and  approved  by  a  ma¬ 
jority  of  the  electors  voting  at  the  election,  no  such  revision,  altera¬ 
tion  or  amendments  shall  take  effect. 

§  2,  Amendments  to  this  constitution  may  be  proposed  in  either 
house  of  the  general  assembly,  and  if  the  same  shall  be  voted  for 
by  two-thirds  of  all  the  members  elected  to  each  of  the  two  houses, 
such  proposed  amendments,  together  with  the  yeas  and  nays  of 
each  house  thereon,  shall  be  entered  in  full  on  their  respective 
journals,  and  said  amendments  shall  be  submitted  to  the  electors 
of  this  State  for  adoption  or  rejection,  at  the  next  election  of  mem¬ 
bers  of  the  general  assembly,  in  such  manner  as  may  be  prescribed 
by  law.  The  proposed  amendments  shall  be  published  in  full  at 
least  three  months  preceding  the  election,  and  if  a  majority  of  the 
electors  voting  at  said  election  shall  vote  for  the  proposed  amend¬ 
ments,  the)'  shall  become  a  part  of  this  constitution.  But  the 
general  assembly  shall  have  no  power  to  propose  amendments  to 
more  than  one  article  of  this  constitution  at  the  same  session,  nor  to 
the  same  article  oftener  than  once  in  four  years. 


SECTIONS  SEPARATELY  SUBMITTED.  (1) 


Illinois  Central  Railroal. 

Municipal  Subscriptions  to  Corporations. 


Illinois  and  Michigan  Canal. 


ILLINOIS  CENTRAL  RAILROAD. 


No  contract,  obligation  or  liability  whatever,  of  the  Illinois  Cen¬ 
tral  Railroad  Company  to  pay  any  money  into  the  State  treasury, 
nor  any  lien  of  the  State  upon,  or  right  to  tax  property  of  said 


(1)  These  sections  were  separately  submitted  to  the  vote  of  the  people:  they  went  into 
effect  as  law  July  2,  lb70. 


48 


company,  in  accordance  with  the  provisions  or  the  charter  of  said 
company,  approved  February  tenth,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  fifty-one,  shall  ever  be  released,  sus¬ 
pended,  modified,  altered,  remitted,  or  in  any  manner  diminished  or 
impaired  by  legislative  or  other  authority;  and  all  moneys  derived 
from  said  company,  after  the  payment  of  the  State  debt,  shall  be 
appropriated  and  set  apart  for  the  payment  of  the  ordinary  expenses, 
of  the  State  government,  and  for  no  other  purposes  whatever. 

MINORITY  REPRESENTATION. 

[See  Sections  7  and  8.  Article  IV,  pages  15  and  16.] 

MUNICIPAL  SUBSCRIPTIONS  TO  RAILROADS  OR  PRIVATE  CORPORATIONS. 

No  county,  city,  town,  township,  or  other  municipality,  shall  ever 
become  subscriber  to  the  capital  stock  of  any  railroad  or  private 
corporation,  or  make  donation  to  or  loan  its  credit  in  aid  of  such 
corporation:  Provided,  however,  that  the  adoption  of  this  article 
shall  not  be  construed  as  affecting  the  right  of  any  such  munici¬ 
pality  to  make  such  subscrtptions  where  the  same  have  been  author¬ 
ized,  under  existing  laws,  by  a  vote  of  the  people  of  such  munici¬ 
palities  prior  to  such  adoption. 

CANAL,  [railroad  state  aid  prohibited.] 

The  Illinois  and  Michigan  Canal  shall  never  be  sold  or  leased 
until  the  specific  proposition  for  the  sale  or  lease  thereof  shall  first 
have  been  submitted  to  a  vote  of  the  people  of  the  State,  at  a  gen¬ 
eral  election,  and  have  been  approved  by  a  majority  of  all  the  votes 
polled  at  such  election.  The  general  assembly  shall  never  loan  the 
credit  of  the  State,  or  make  appropriations  from  the  treasury  there¬ 
of,  in  aid  of  railroads  or  canals:  Provided,  that  any  surplus  earnings 
of  any  canal  may  be  appropriated  for  its  enlargement  or  extension. 


SCHEDULE. 


\  1.  Laws  in  Force  Remain  Valid. 

§  2.  Fines,  Penalties  and  Forfeitures. 

I  3.  Recognizances,  Bonds,  Obligations. 


\  4.  County  Courts. 

2  5.  All  Existing  Courts  Continued. 

?  6.  Persons  Now  in  Office  Continued. 


That  no  inconvenience  may  arise  from  the  alterations  and  amend¬ 
ments  made  in  the  constitution  of  this  State,  and  to  carry  the  same 
into  complete  effect,  it  is  hereby  ordained  and  declared: 

§  1.  That  all  laws  in  force  at  the  adoption  of  this  constitution, 
not  inconsistent  therewith,  and  all  rights,  actions,  prosecutions, 
claims  and  contracts  of  the  State,  individuals,  or  bodies  corporate, 
shall  continue  to  be  as  valid  as  if  this  constitution  had  not  been 
adopted. 

§  2.  That  all  fines,  taxes,  penalties  and  forfeitures,  due  and  owing 
to  the  State  of  Illinois  under  the  present  constitution  and  laws,  shall 
inure  to  the  use  of  the  people  of  the  State  of  Illinois,  under  this 
constitution. 


49 


§  3.  Recognizances,  bonds,  obligations,  and  all  other  instruments 
entered  into  or  executed  before  the  adoption  of  this  constitution,  to 
the  people  of  the  State  of  Illinois,  to  any  State  or  county  officer, 
or  public  body,  shall  remain  binding  and  valid;  and  rights  and  lia¬ 
bilities  upon  the  same  shall  continue,  and  all  crimes  and  misde¬ 
meanors  shall  be  tried  and  punished  as  though  no  change  had  been 
made  in  the  constitution  of  this  State. 

§  4.  County  courts  for  the  transaction  of  county  business  in  coun¬ 
ties  not  having  adopted  township  organization  shall  continue  in 
existence,  and  exercise  their  present  jurisdiction  until  the  board  of 
county  commissioners  provided  in  this  constitution  is  organized  in 
pursuance  of  an  act  of  the  general  assembly;  and  the  county  courts 
in  all  other  counties  shall  have  the  same  power  and  jurisdiction  they 
now  possess  until  otherwise  provided  by  law. 

§  5.  All  existing  courts  which  are  not  in  this  constitution  speci¬ 
fically  enumerated  shall  continue  in  existence  and  exercise  their 
present  jurisdiction  until  otherwise  provided  by  law. 

§  6.  All  persons  now  filling  any  office  or  appointment  shall  con¬ 
tinue  in  the  exercise  of  the  duties  thereof  according  to  their  respec¬ 
tive  commissions  or  appointments,  unless  by  this  constitution  it  is 
otherwise  directed. 

[Sections  7  to  17,  both  inclusive,  providing  for  the  submission  of  this  constitution  and 
voting  thereon  by  the  people,  became  inoperative  by  the  adoption  of  this  constitution.] 

§  7.  On  the  day  this  constitution  is  submitted  to  the  people  for 
ratification  an  election  shall  be  held  for  judges  of  the  supreme 
court  in  the  second,  third,  sixth  and  seventh  judicial  election  dis¬ 
tricts  designated  in  this  constitution,  and  for  the  election  of  three 
judges  of  the  circuit  court  in  the  county  of  Cook,  as  provided  for 
in  the  article  of  this  constitution  relating  to  the  judiciary,  at 
which  election  every  person  entitled  to  vote,  according  to  the  terms 
of  this  constitution,  shall  be  allowed  to  vote,  and  the  election  shall 
be  otherwise  conducted,  returns  made,  and  certificates  issued,  in 
accordance  with  existing  laws,  except  that  no  registry  shall  be 
required  at  said  election:  Provided,  that  at  said  election  in  the 
county  of  Cook  no  elector  shall  vote  for  more  than  two  candidates 
for  circuit  judge.  If,  upon  canvassing  the  votes  for  and  against 
the  adoption  of  this  constitution,  it  shall  appear  that  there  has  been 
polled  a  greater  number  of  votes  against  than  for  it,  then  no  certifi¬ 
cates  of  election  shall  be  issued  for  any  of  said  supreme  or  circuit 
judges. 

§  y.  This  constitution  shall  be  submitted  to  the  people  of  the 
State  of  Illinois  for  adoption  or  rejection  at  an  election  to  be  held 
on  the  first  Saturday  in  July,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  seventy,  and  there  shall  be  separately  submitted 
at  the  same  time,  for  adoption  or  rejection,  sections  nine,  ten,  eleven, 
twelve,  thirteen,  fourteen  and  fifteen  relating  to  railroads,  in  the 
article  entitled  “Corporations,'"  the  article  entitled  “Counties,”  the 
article  entitled  “Warehouses,”  the  question  of  requiring  a  three-fifths 
vote  to  remove  a  county  seat,  the  section  relating  to  the  Illinois  Cen¬ 
tral  Railroad,  the  section  in  relation  to  minority  representation,  the 

—D  C 


50 


section  relating  to  municipal  subscriptions  to  railroads  or  private 
corporations,  and  the  section  relating  to  the  canal.  Every  person 
entitled  to  vote  under  the  provisions  of  this  constitution,  as  defined 
in  the  article  in  relation  to  suffrage,  shall  be  entitled  to  vote  for  the 
adoption  or  rejection  of  this  constitution,  and  for  or  against  the 
articles,  sections  and  questions  aforesaid,  separately  submitted,  and 
the  said  qualified  electors  shall  vote  at  the  usual  places  of  voting, 
unless  otherwise  provided;  and  the  said  election  shall  be  conducted, 
and  returns  thereof  made,  according  to  the  laws  now  in  force  regulat¬ 
ing  general  elections,  except  that  no  registry  shall  be  required  at  said 
election:  Provided ,  however,  that  the  polls  shall  be  kept  open  for 
the  reception  of  ballots  until  sunset  of  said  day  of  election. 

§  9.  The  secretary  of  state  shall,  at  least  twenty  days  before  said 
election,  cause  to  be  delivered  to  the  county  clerk  of  each  county, 
blank  poll- books,  tally-sheets,  and  forms  of  return,  and  twice  the 
number  of  properly  prepared  printed  ballots  for  the  said  election 
that  there  are  voters  in  such  county,  the  expense  whereof  shall  be 
audited  and  paid  as  other  public  printing  ordered  by  the  secretary 
of  state  is,  by  law,  required  to  be  audited  and  paid,  and  the  several 
county  clerks  shall  at  least  five  days  before  said  election,  cause  to  be 
distributed  to  the  board  of  election,  in  each  election  district  in  their 
respective  counties,  said  blank  poll-books,  tally-lists,  forms  of  return, 
and  tickets. 

§  10.  At  the  said  election  the  ballots  shall  be  in  the  following 
form ; 


NEW  CONSTITUTION  TICKET. 

For  all  the  propositions  on  this  ticket  which  are  not  cancelled 
with  ink  or  pencil,  and  against  all  propositions  which  are  so  can¬ 
celled. 

For  the  new  constitution. 

For  the  sections  relating  to  railroads  in  the  article  entitled 
“Corporations.” 

For  the  article  entitled  “Counties.” 

For  the  article  entitled  “Warehouses.” 

For  a  three-fifths  vote  to  remove  county  seats. 

For  the  section  relating  to  the  Illinois  Central  Railroad 

For  the  section  relating  to  minority  representation. 

For  the  section  relating  to  municipal  subscriptions  to  railroads 
or  private  corporations. 

For  the  section  relating  to  the  canal. 

Each  of  said  tickets  shall  be  counted  as  a  vote  cast  for  each 
proposition  thereon  not  cancelled  with  ink  or  pencil,  and  against 
each  proposition  so  cancelled,  and  returns  thereof  shall  be  made 
accordingly  by  the  judges  of  election. 

§  11.  The  returns  of  the  whole  vote  cast,  and  of  the  votes  for 
the  adoption  or  rejection  of  this  constitution,  and  for  or  against  the 
articles  and  sections  respectively  submitted,  shall  be  made  by  the 


51 


several  county  clerks,  as  is  now  provided  by  law,  to  the  secretary  of 
state,  within  twenty  days  after  the  election,  and  the  returns  of  said 
votes  shall,  within  five  days  thereafter,  be  examined  and  canvassed 
by  the  auditor,  treasurer  and  secretary  of  state,  or  any  two  of  them, 
in  the  presence  of  the  governor,  and  proclamation  shall  be  made  by 
the  governor  forthwith  of  the  result  of  the  canvass. 

§  12  If  it  shall  appear  that  a  majority  of  the  votes  polled  are 
“for  the  new  constitution,”  then  so  much  of  this  constitution  as  was 
not  separately  submitted  to  be  voted  on  by  articles  and  sections, 
shall  be  the  supreme  law  of  the  State  of  Illinois  on  and  after  Mon¬ 
day,  the  eighth  day  of  August,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  seventy;  but  if  it  shall  appear  that  a  majority  of 
the  votes  polled  were  “against  the  new  constitution,”  then  so  much 
thereof  as  was  not  separately  submitted  to  be  voted  on  by  articles 
and  sections,  shall  be  null  and  void. 

If  it  shall  appear  that  a  majority  of  the  votes  polled  are  “for  the 
sections  relating  to  railroads  in  the  article  entitled  ‘Corporations,’  ” 
sections  nine,  ten,  eleven,  twelve,  thirteen,  fourteen  and  fifteen,  re¬ 
lating  to  railroads  in  the  said  article,  shall  be  a  part  of  the  constitu¬ 
tion  of  this  State,  but  if  a  majority  of  said  votes  are  against  such  sec¬ 
tions,  they  shall  be  null  and  void.  If  a  majority  of  the  votes  polled 
are  “for  the  article  entitled  ‘Counties,’  ”  such  article  shall  be  part  of 
the  constitution  of  this  State,  and  shall  be  substituted  for  article 
seven,  in  the  present  constitution,  entitled  ‘Counties;”  but  if  a  major¬ 
ity  of  said  votes  are  against  such  article  the  same  shall  be  null  and 
void.  If  a  majority  of  the  votes  polled  are  “for  the  article  entitled 
‘Warehouses,’”  such  article  shall  be  part  of  the  constitution  of  this 
State;  but  if  a  majority  of  the  votes  are  against  said  article,  the  same 
shall  be  null  and  void.  If  a  majority  of  the  votes  polled  are  for  either 
of  the  sections  separately  submitted,  relating  respectively  to  the  “Illi¬ 
nois  Central  Railroad,”  “minority  representation,”  “municipal  sub¬ 
scriptions  to  railroads  or  private  corporations,”  and  the  “canal,”  then 
such  of  said  sections  as  shall  receive  such  majority  shall  be  a  part  of 
the  constitution  of  this  State;  but  each  of  said  sections  so  separately 
submitted  against  which  respectively  there  shall  be  a  majority  of  the 
votes  polled,  shall  be  null  and  void:  Provided ,  that  the  section  relating 
to  “minority  representation”  shall  not  be  declared  adopted  unless  the 
portion  of  the  constitution  not  separately  submitted  to  be  voted  on  by 
articles  and  sections  shall  be  adopted;  and  in  case  said  section 
relating  to  “minority  representation”  shall  become  a  portion  of  the 
constitution,  it  shall  be  substituted  for  sections  seven  and  eight  of 
the  legislative  article.  If  a  majority  of  the  votes  cast  at  such  elec¬ 
tion  shall  be  for  a  three-fifths  vote  to  remove  a  county  seat,  then  the 
words  “a  majority”  shall  be  stricken  out  of  section  four  of  the  article 
on  Counties,  and  the  words  “three-fifths”  shall  be  inserted  in  lieu 
thereof,  and  the  following  words  shall  be  added  to  said  section,  to-wit: 
“But  when  an  attempt  is  made  to  remove  a  county  seat  to  a  point 
nearer  to  the  centre  of  a  county,  then  a  majority  vote  only  shall 
be  necessary.”  If  the  foregoing  proposition  shall  not  receive  a  ma¬ 
jority  of  the  votes,  as  aforesaid,  then  the  same  shall  have  no  effect 
whatever. 


52 


§  13.  Immediately  after  the  adoption  of  this  constitution,  the 
governor  and  secretary  of  state  shall  proceed  to  ascertain  and  fix  the 
apportionment  of  the  State  for  members  of  the  first  house  of  repre¬ 
sentatives  under  this  constitution.  The  apportionment  shall  be 
based  upon  the  federal  census  of  the  year  of  our  Lord  one  thousand 
eight  hundred  and  seventy,  of  the  State  of  Illinois,  and  shall  be 
made  strictly  in  accordance  with  the  rules  and  principles  announced 
in  the  article  on  the  legislative  department  of  this  constitution: 
Provided,  that  in  case  the  federal  census  aforesaid  can  not  be  ascer¬ 
tained  prior  to  Friday,  the  twenty-third  day  of  September,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  seventy,  then  the 
said  apportionment  shall  be  based  on  the  State  census  of  the  year  of 
our  Lord  one  thousand  eight  hundred  and  sixty-five,  in  accordance 
with  the  rules  and  principles  aforesaid.  The  governor  shall,  on  or 
before  Wednesday,  the  twenty-eighth  day  of  September,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  seventy,  make  official 
announcement  of  said  apportionment,  under  the  great  seal  of  the 
State;  and  one  hundred  copies  thereof,  duly  certified,  shall  be  forth¬ 
with  transmitted  by  the  secretary  of  state  to  each  county  clerk  for 
distribution. 

§  14.  The  districts  shall  be  regularly  numbered  by  the  secretary 
of  state,  commencing  with  Alexander  county  as  number  one,  and 
proceeding  then  northwardly  through  the  State,  and  terminating  with 
the  county  of  Cook,  but  no  county  shall  be  numbered  as  more  than 
one  district,  except  the  county  of  Cook,  which  shall  constitute  three 
districts,  each  embracing  the  territory  contained  in  the  now  existing 
representative  districts  of  said  county.  And  on  the  Tuesday  after 
the  first  Monday  in  November,  in  the  year  of  our  Lord  one  thous¬ 
and  eight  hundred  and  seventy,  the  members  of  the  first  house  of 
representatives  under  this  constitution  shall  be  elected  according  to 
the  apportionment  fixed  and  announced  as  aforesaid,  and  shall  hold 
their  offices  for  two  years,  and  until  their  successors  shall  be  elected 
and  qualified. 

§  15.  The  senate,  at  its  first  session  under  this  constitution,  shall 
consist  of  fifty  members,  to  be  chosen  as  follows:  At  the  general 
election  held  on  the  first  Tuesday  after  the  first  Monday  of  Novem¬ 
ber,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  seventy, 
two  senators  shall  be  elected  in  districts  where  the  term  of  senators 
expires  on  the  first  Monday  of  January,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  seventy-one,  or  where  there  shall  be  a 
vacancy,  and  in  the  remaining  dstricts  one  senator  shall  be. elected. 
Senators  so  elected  shall  hold  their  office  two  years. 

§  16.  The  general  assembly,  at  its  first  session  held  after  the  adop¬ 
tion  of  this  constitution,  shall  proceed  to  apportion  the  State  for 
members  of  the  senate  and  house  of  representatives,  in  accordance 
with  the  provisions  of  the  article  on  the  legislative  department. 

§  17.  When  this  constitution  shall  be  ratified  by  the  people,  the 
governor  shall  forthwith,  after  having  ascertained  the  fact,  issue 
writs  of  election  to  the  sheriffs  of  the  several  counties  of  the  State, 
or  in  case  of  vacancies,  to  the  coroners,  for  the  election  of  all  the 


officers  the  time  of  whose  election  is  fixed  by  this  constitution  or 
schedule,  and  it  shall  be  the  duty  of  said  sheriffs  or  coroners  to  give 
such  notice  of  the  time  and  place  of  said  election  as  is  now  prescribed 
by  law. 

§  18.  All  laws  of  the  State  of  Illinois  and  all  official  writings,  and 
the  executive,  legislative  and  judicial  proceedings,  shall  be  conducted, 
preserved  and  published  in  no  other  than  the  English  language. 

§  19.  The  general  assembly  shall  pass  all  laws  necessary  to  carry 
into  effect  the  provisions  of  this  constitution. 

§  20.  The  circuit  clerks  of  the  different  counties  having  a  popula¬ 
tion  over  sixty  thousand  shall  continue  to  be  recorders(e#  officio )  for 
their  respective  counties,  under  this  constitution,  until  the  expiration 
of  their  respective  terms. 

§  21.  The  judges  of  all  courts  of  record  in  Cook  county  shall, 
in  lieu  of  any  salary  provided  for  in  this  constitution,  receive  the 
compensation  provided  by  law  until  the  adjournment  of  the  first 
session  of  the  general  assembly  after  the  adoption  of  this  constitu¬ 
tion. 

§  22.  The  present  judge  of  the  circuit  court  of  Cook  county  shall 
continue  to  hold  the  circuit  court  of  Lake  county  until  otherwise  pro¬ 
vided  by  law. 

§  23.  When  this  constitution  shall  be  adopted  and  take  effect  as  the 
supreme  law  of  the  State  of  Illinois,  the  two-mill  tax  provided  to  be 
annually  assessed  and  collected  upon  each  dollar’s  worth  of  taxable 
property,  in  addition  to  all  other  taxes,  as  set  forth  in  article  fifteen  of 
the  now  existing  constitution,  shall  cease  to  be  assessed  after  the  year 
of  our  Lord  one  thousand  eight  hundred  and  seventy. 

§  24.  Nothing  contained  in  this  constitution  shall  be  so  con¬ 
strued  as  to  deprive  the  general  assembly  of  power  to  authorize 
the  city  of  Quincy  to  create  any  indebtedness  for  railroad  or  munici¬ 
pal  purposes  for  which  the  people  of  said  city  shall  have  voted  and 
to  which  they  shall  have  given,  by  such  vote,  their  assent,  prior  to 
the  thirteenth  day  of  December,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-nine:  Provided,  that  no  such  in¬ 
debtedness  so  created  shall,  in  any  part  thereof,  be  paid  by  the  State 
or  from  any  State  revenue  tax  or  fund,  but  the  same  shall  be  paid, 
if  at  all,  by  the  said  city  of  Quincy  alone,  and  by  taxes  to  be  levied 
upon  the  taxable  property  thereof:  And,  provided,  farther,  that  the 
general  assembly  shall  have  no  power  in  the  premises  that  it  could 
not  exercise  under  the  present  constitution  of  the  State. 

§  25.  In  case  this  constitution,  and  the  articles  and  sections 
submitted  separately  be  adopted,  the  existing  constitution  shall  cease 
in  all  its  provisions;  and  in  case  this  constitution  be  adopted,  and 
any  one  or  more  of  the  articles  or  sections  submitted  separately  be 
defeated,  the  provisions  of  the  existing  constitution,  if  any,  on  the 
same  subject  shall  remain  in  force. 

§  26.  The  provisions  of  this  consitution  required  to  be  executed 
prior  to  the  the  adoption  or  rejection  thereof,  shall  take  effect  and  be 
in  force  immediately. 


54 


[attestation.] 

Done  in  convention  at  the  capitol  in  the  city  of  Springfield,  on 
the  thirteenth  day  of  May,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  seventy,  and  of  the  independence  of  the  United 
States  of  America  the  ninety-fourth. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names. 


William  J.  Allen, 

John  Abbott, 

James  C.  Allen, 

Elliott  Anthony, 

Wm.  R.  Archer, 

Henry  I.  Atkins, 

James  G.  Bayne, 

R.  M.  Benjamin, 

H.  P.  H.  Bromwell, 

O.  H.  Browning, 

Wm.  G.  Bowman, 

Silas  L.  Bryan, 

H.  P.  Buxton, 

Daniel  Cameron, 

William  Cary, 

Lawrence  S.  Church, 
Hiram  H.  Cody, 

W.  F.  Coolbaugh, 

Alfred  M.  Craig, 

Robert  J.  Cross, 

Samuel  P.  Cummings, 
John  Dement, 

G.  S.  Eldridge, 

James  W.  English, 
David  Ellis, 

Ferris  Forman, 

Jesse  C.  Fox, 

Miles  A.  Fuller, 

John  P.  Gamble, 
Addison  Goodell, 

John  C.  Haines, 

Elijah  M.  Haines, 

John  W.  Hankins, 

R.  P.  Hanna, 

Joseph  Hart, 

Abel  Harwood, 

Milton  Hay, 

Samuel  Snowden  Hayes, 
Jesse  S.  Hildrup, 

Attest  : 


Charles  Hitchcock,  President . 

Jas.  McCoy, 

Charles  E.  McDowell, 
William  C.  Goodhue, 

Joseph  Medill, 

Clifton  H.  Moore, 

Jonathan  Merriam, 

Joseph  Parker, 

Samuel  C.  Parker, 

Peleg  S.  Perley, 

J.  S.  Poage, 

Edward  Y.  Rice, 

James  P.  Robinson, 

Lewis  W.  Ross, 

Robert  A.  King, 

William  P.  Pierce, 

N.  J.  Pillsbury, 

John  Scholfield, 

James  M.  Sharp, 

Henry  Sherrell, 

Wm.  H.  Snyder, 

O.  C.  Skinner, 

Westel  W.  Sedgwick, 

Charles  F.  Springer, 

John  L.  Tincher, 

C.  Truesdale, 

Henry  Tubbs, 

Thomas  J.  Turner, 

Wm.  H.  Underwood, 

Wm.  L.  Vandeventer, 

Henry  W.  Wells, 

George  E.  Wait, 

George  W.  Wall, 

R.  B.  Sutherland, 

D.  C.  Wagner, 

George  R.  Wendling, 

Chas.  Wheaton, 

L.  D.  Whiting, 

John  H.  Wilson, 

Orlando  H.  Wright. 


John  Q.  Harmon,  Secretary. 

Daniel  Shepard,  First  Assistant  Secretary. 
A.  H.  Swain,  Second  Assistant  Secretary. 


55 


AMENDMENTS.  (1.) 

CONTRACT  CONVICT  LABOR. 

Hereafter  it  shall  be  unlawful  for  the  commissioners  of  any  peni¬ 
tentiary  or  other  reformatory  institution  in  the  State  of  Illinois  to 
let  by  contract  to  any  person  or  persons,  or  corporations,  the  labor 
of  any  convict  confined  within  said  institution. 


UNITED  STATES  OF  AMERICA,  \ 

State  of  Illinois.  j  Office  of  Secretary  of  State. 

I,  James  A.  Rose,  Secretary  of  State  of  the  State  of  Illinois,  do  hereby  certify  that  the 
foregoing  is  a  true  copy  of  the  Constitution  of  the  State  of  Illinois,  adopted  in  convention 
on  the  thirteenth  day  of  May,  1870,  ratified  by  a  vote  of  the  people  on  the  2d  day  of  July,  1870, 
and  in  force  on  the  8tb  day  of  August,  1870,  and  as  amended  in  1878,  in  1880,  in  1884,  in  1886 
and  in  1890,  and  now  on  file  in  this  office. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  affixed  the  Great  Seal  of  State. 
Done  at  the  city  af  Springfield  this  15th  day  of  January,  A.  D.  1900. 

JAMES  A.  ROSE,  Secretary  of  State. 


(1) .  For  the  first,  second  and  third  amendments,  see  pages  22,  40  and  25. 

An  amendment  to  the  constitution  becomes  law  as  soon  as  it  is  declared  ratified  by  the 
board  of  canvassers,  if  not  as  soon  as  the  polls  are  closed  on  the  day  of  its  adoption.  People 
v.  Board  of  Supervisors,  100  Ill.,  495. 

(2) .  Proposed  by  joint  resolution  of  the  Thirty-fourth  General  Assembly  ( L.  1885,  p.  256) ; 
adopted  by  vote  of  the  people  November  2,  1886:  proclaimed  ratified  November  22,  1886. 


56 


INDEX. 


Page. 


Historical  Sketch .  5 

Constitution  of  1818 .  6 

Constitution  of  1848 .  7 


Page. 


Convention  of  1862 .  8 

Constitution  of  1870 .  8 


INDEX  TO  CONSTITUTION  OF  1870. 


Preamble. 


Page. 
. 10 


ARTICLE  I. 

Boundaries . 10 

ARTICLE  II. 

BILL  OF  RIGHTS. 

3  1.  Inherent  and  Inalienable  Rights . 11 

t  2.  Due  Process  of  Law . 11 

\  3.  Liberty  of  Conscience  Guaranteed.  .11 

\  4.  Freedom  of  Speech  —  Libel . 11 

3  5.  Right  of  Trial  by  Jury . 11 

3  6.  Unreasonable  Searches  and  Seizures  12 
3  7.  Bail  Allowed— Writ  of  Habeas  Cor 

pus . 12 

3  8.  Indictment  Required— Grand  .Jury.  .12 
3  9.  Rights  of  Persons  Accused  of  Crime. 12 

3  10.  Self  Crimination— Acquittal . 12 

3  11.  Penalties  no  Corruption  of  Blood  or 

Forfeiture  of  Estate . 12 

3  12.  Imprisonment  for  Debt . 12 

3  13.  Compensation  for  Property  Taken..  12 
3  14.  Ex  Post  Facto  Laws  Contracts— Irre¬ 
vocable  Grants . 13 

3  15.  Military  Subordinate  to  Civil  Pow¬ 
ers  . 13 

3  16.  Quartering  of  Soldiers . 13 

3  17  Right  of  Assembly  and  Petition . 13 

3  18.  Elections  to  be  Free  and  Equal . 13 

3  19.  Protection  of  the  Law . 13 

3  20.  Fundamental  Principles . 13 


ARTICLE  III. 
State  Departments— Powers. . 

ARTICLE  IV. 


.13 


3  l. 
g  2. 
3  3. 
3  4. 

3  5. 


3  6. 

3  7 

3  7 
3  9. 
3  10. 

2  U. 


LEGISLATIVE  DEPARTMENT. 


Who 


and  8.  Representatives  —  (Inopera¬ 
tive)  . . 

and  8.  Minority  Representation... 
Time  of  Meeting— General  Rules., 
Open  Sessions  —  Adjournments 


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3  33. 


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li. 

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Page. 


Origin  and  Passage  of  Bills . 17 

Reading  —  Printing—  Title— Amend¬ 
ments . 17 

Privileges  of  Members . 18 

Disabilities  of  Members . 18 

Appropriations . 18 

Payment  of  Money  —  Statement  of 

Expenses . 18 

Ordinary  Expenses— Casual  Deficits 

—Appropriations  Limited . 18 

Extra  Compensation  or  Allowance. .  19 

Public  Credit  not  Loaned . 19 

Pay  and  Mileage  of  Members . 19 

Special  Legislation  Prohibited . 20 

Against  Release  from  Liability . 21 

Proceedings  on  Impeachment . 21 

Fuel.  Stationery  and  Printing . 21 

State  not  to  be  Sued . 21 

Lotteries  and  Gift  Enterprises . 21 

Terms  of  Office  not  Extended . 21 

Protection  of  Miners..  .• . 21 


Concerning  Roads— Public  and  Pri- 


Draining  and  Ditching . 22 

Homestead  and  Exemption  Laws 22 

Completion  of  the  State  House . 22 

ARTICLE  V. 

EXECUTIVE  DEPARTMENT. 


Offic  rs— Terms . 22 

State  Treasurer . 22 

Time  of  Electing  State  Officers . 23 

Returns— Tie— Contested  Election  ..23 

Eligibility  of  Officers  . 23 

Governor— Powers  and  Duty . 23 

His  Message  and  Statement . 23 

Convening  the  General  Assembly. .  .24 
Proroguing  the  General  Assembly  ..24 

Nominations  by  the  Governor . 24 

Vacancies  may  be  Filled . 24 

Removals  by  the  Governor . 24 

Reprieves-Commutations— Pardons.  24 
Governor  as  Commander-in-Chief ..  .24 

Impeachment  of  Officers . 24 

Veto  of  the  Governor . 25 

Lieutenant-Governor  as  Governor. .  .25 

As  President  of  the  Senate . 26 

Vacancy  in  Governor’s  Office . 26 

Vacancy  in  other  State  Offices . 26 

Reports  of  State  Officers . 26 

Great  Seal  of  State . 26 

Fees  and  Salaries . 26 

Definition  of  “Office” . 27 

Oath  of  Civil  Officers . 27 


57 


ft 


ARTICLE  VI. 

JUDICIAL  DEPARTMENT. 

Page. 


2  1.  Courts  established  . 27 

§  2.  Supreme  Court  Jurisdiction . 28 

4  3.  Qualifications  of  a  Supreme  Judge.. 28 

2  4.  Terms  of  the  Supreme  Court . 28 

2  5.  Grand  Divisions — Districts . 28 

2  6.  Election  of  Supreme  Judges . 29 

2  7.  Salaries  of  the  Supreme  Judges . 29 

2  8.  Appeals  and  Writs  of  Error . 29 

2  9.  Reporter . 29 

2  10.  Clerks  of  the  Supreme  Court . 29 

2  11.  Appellate  Courts  Authorized . 29 

2  12.  Circuit  Courts— Jurisdiction . 30 

2  13.  Formation  of  Judicial  Circuits . 30 

2  14.  Time  of  Holding  Circuit  Courts . 30 

2  15.  Judges — Increase  of  Number . 30 

2  16.  Salaries  of  the  Circuit  Judges . 31 

2  17.  Qualifications  of  Judges  and  Coun¬ 
ty  Commissioners . 31 

2  18.  County  Judges— County  Clerks . 31 

2  19.  Appeals  from  County  Courts . 31 

2  20.  Probate  Courts  Authorized . 31 

2  21.  Justices  of  the  Peace  and  Constables. 32 

2  22.  State’s  Attorney  in  each  County . 32 

2  23.  Cook  County  Courts  of  Record . 32 

2  24.  Chief  Justice — Power  of  Judges . 32 

2  25.  Salaries  of  the  Judges . 32 

2  26.  Criminal  Court  of  Cook  County . 32 

2  27.  Clerks  of  the  Cook  County  Court _ 33 

2  28.  Justices  in  Chicago . 33 

2  29.  Uniformity  in  the  Courts . 33 

2  30.  Removal  of  any  Judge . 33 

2  31.  Judges  to  Make  Written  Reports _ 33 


2  32.  Terms  of  Office — Filling  Vacancies  .34 
l  33.  Process — Prosecutions — Population. .34 

ARTICLE  VII. 

SUFFRAGE. 


2  1.  Qualification  of  Voters . 34 

2  2.  All  Voting  to  be  by  Ballot . 34 

2  3.  Privileges  of  Electors . 35 

2  4.  Voting  Residence . 35 

2  5.  Soldiers  in  the  U.  S  Army . 35 

2  6.  Qualifications  for  Office . 35 

2  7.  Persons  Convicted  of  Crime . 35 


ARTICLE  VIII. 

EDUCATION. 


2  1.  Free  Schools . 35 

2  2.  Gifts  or  Grants  in  Aid  of  Schools..  ..35 
2  3.  Aid  to  Sectarian  Schools  Prohibited. 35 
2  4.  Sale  of  Text-Books— Teachers  and 

Officers . 36 

§  5.  County  Superintendent  of  Schools.  .36 


ARTICLE  IX. 

REVENUE. 


2  1.  Taxation  shall  be  Uniform . 36 

2  2.  Other  and  Further  Taxation . 36 


2  3.  Property  Exempt  from  Taxation _ 36 

2  4.  Sale  of  Real  Property  for  Taxes . 36 

2  5.  Right  of  Redemption  Therefrom _ 37 

2  6.  Release  from  Taxation  Forbidden... 37 

2  7.  Taxes  Paid  into  State  Treasury . 37 

2  8.  Limitation  on  County  Taxes . 37 

2  9.  Local  Municipal  Improvements . 37 

2  10.  Taxation  of  Municipal  Corporations. 37 

2  11.  Defaulter  not  to  be  Eligible . 37 

2  12.  Limitation  of  Municipal  Indebted¬ 
ness  . 38 

2  13.  World’s  Columbian  Exposition . 38 

— E.  C. 


ARTICLE  X. 

COUNTIES. 

Page. 


2  1.  New  Counties . 39 

2  2.  Division  of  any  County . 39 

2  3.  Territory  Stricken  from  a  County... 39 

2  4.  Removal  of  a  County  Seat . 39 

2  5.  County  Government . 39 

2  6.  Board  of  County  Commissioners  —  40 

t  7.  County  Affairs  in  Cook  County . 40 

2  8.  County  Officers — Terms  of  Office  —  40 
2  9.  Salaries  and  Fees  in  Cook  County... 41 
2  10.  Salaries  Fixed  by  County  Board . 41 


2  11.  Township  Officers— Special  L<aws...41 


2  12.  All  Future  Fees  Uniform . 42 

2  13.  Sworn  Report  of  All  Fees . 42 


ARTICLE  XI. 

CORPORATIONS. 


2  1.  Organization  of  Corporations . 42 

2  2.  Existing  Charters . 42 

2  3.  Election  of  Directors  or  Managers.. 42 


2  6.  Liability  of  Bank  Stockholder . 43 

2  7.  Suspension  of  Specie  Payment . 43 

2  8.  Of  a  General  Banking  Law . 43 

2  9.  Railroad  Office — Books  and  Records. 43 

2  10.  Personal  Property  of  Railroads . 44 

2  11.  Consolidations . 44 

2  12.  Railroads  Deemed  Highways— Rates 

Fixed . 44 

2  13.  Stocks,  Bonds  and  Dividends.. . 44 

2  14.  Power  Over  Existing  Companies  —  44 
2  15.  Freight  and  Passenger  Tariffs  Regu¬ 
lated . 45 


ARTICLE  XII. 

MILITIA. 


2  1.  Persons  Liable  to  Military  Duty. ...  .45 

2  2.  Organization  — Equipment— Discip¬ 
line . 45 

2  3.  Officers . 45 

2  4.  Privileged  from  Arrest. . . 45 

2  5.  Records,  etc.,  Preservation . 45 

2  6.  Exemption  from  Duty . 45 


ARTICLE  XIII. 

WAREHOUSES. 


2  1.  Public  Warehouses . 45 

2  3.  Sworn  Weekly  Statements  Requir’d. 45 
2  3.  Examination  of  Property  Stored  — 46 

2  4.  Carriers  to  Deliver  Full  Weight . 46 

2  5.  Delivery  of  Grain  by  Railroads . 46 

2  6.  Warehouse  Receipts . 46 

2  7.  Grain  Inspection . 46 


ARTICLE  XIV. 

AMENDMENTS  TO  THE  CONSTITUTION. 


§  1.  By  a  Convention . 46 

2  2.  Proposed  by  the  Legislature . 47 

SECTIONS  SEPARATELY  SUBMITTED. 

Illinois  Central  Railroad . 47 

Municipal  Subscriptions  to  Corporations.  .48 
Illinois  and  Michigan  Canal . 48 


58 


SCHEDULE. 


Page. 

I  1.  Laws  in  Force  Remain  Valid . 48 

§  2.  Fines,  Penalties  and  Forfeitures _ 48 

t  3.  Recognizances,  Bonds,  Obligations. 49 

g  4.  County  Courts . 49 

g  5.  All  Existing  Courts  Continued . 49 

g  6.  Persons  now  in  Office  Continued _ 49 

g  7  -  17  inclusive.  Inoperative..  .49,50, 51,52 
g  18.  Laws,  etc,,  to  be  published  in  Eng¬ 
lish  only . 53 


Page. 

g  19.  Legislature  shall  Make  Constitution 


Effective . 53 

g  20.  Circuit  Clerks  and  Recorders . 53 

g  21.  Cook  County  Judges— Salaries . 53 

g  22.  Lake  County  Circuit  Court . 53 

g  23.  Two-Mill  Tax . 53 

g  24.  City  of  Quincy— Indebtedness . 53 

§  25.  Existing  Constitution— When  Void.. 53 

g  26.  Certain  Provisions— When  in  Force. 53 

Attestation . 54 

AMENDMENTS. 

Fourth— Contract  Convict  Labor . 55 


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